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ADVANCED   CIVICS 


ADVANCED  CIVICS 

THE  SPIRIT,  THE  FORM,  AND 
THE  FUNCTIONS  OF  THE 
AMERICAN  GOVERNMENT 

BY 

S.   E.   FORMAN 

AUTHOR  OF  "ADVANCED  AMERICAN  HISTORY," 
"A  HISTORY  OF  THE  UNITED  STATES."  Etc. 

The  best  laws,  though  sanctioned  by  every  citizen  of  the  State, 
will  be  of  no  avail  unless  the  young  are  trained  by  habit  and 
education  in  the  spirit  of  the  Constitution.  —  Aristotle. 


3S3  61 

NEW  YORK 
THE   CENTURY  CO, 

1915 


Copyright,  1905,  1912,  1915,  by 
The  Centuet  Co. 

First  Edition,  October,  1905 
Eeprinted  May,  1906^  November,  1907 
July,  1908;  May,  1909;  December,  1909 
July,  1910;  November,  1910;  March^l911 
July,  1911;  October,  1911;  May,  1912 
December,  1912;  October,  1913;  June, 
1914;  January,  1915;  September,  1915 
November,  1915. 


Cop  A 
PEEFACE 

While  preparing  this  book  I  constantly  kept  in  mind  the 
truth  that  instruction  in  Civics  should  have  for  its  highest 
aim  the  indoctrination  of  the  learner  in  sound  notions  of 
political  morality,  and  I  attempted  to  assist  the  teacher  in 
achieving  this  aim  wherever  such  assistance  seemed  to  be 
practicable. 

The  plan  followed  in  the  development  of  the  subject  is  the 
outgrowth  of  class-room  experience,  and  is  one  which  has 
proved  to  be  particularly  successful  in  awakening  and  sus- 
taining interest.  In  Part  I  the  underlying  principles  of  our 
government  are  presented.  The  essentials  are  placed  first  in 
order,  that  the  learner  may  at  the  outset  begin  to  be  imbued 
with  the  true  American  spirit.  In  Part  II  is  an  account  of 
the  governmental  machine.  In  Part  III  the  every-day  work 
of  government  is  considered  and  the  practical  problems  con- 
nected with  the  work  are  discussed. 

While  preparing  the  first  edition  I  was  greatly  assisted  by 
the  suggestions  and  criticisms  of  Dr.  J.  M.  Callahan,  Pro- 
fessor of  History  and  Political  Science  in  the  University  of 
West  Virginia;  by  Dr.  A.  C.  Bryan  of  the  High  School  of 
Commerce,  New  York ;  and  by  Dr.  Collyer  Meriwether  of  the 
Business  High  School,  Washington,  D.  C.  In  the  work  of 
revising  successive  editions  I  have  received  valuable  hints 
from  the  following  gentlemen  who  have  used  the  book:  Dr. 
W.  A.  Wetzel,  Principal  of  High  School,  Trenton,  New  Jer- 
sey; Dr.  William  T.  Fairley,  Commercial  High  School, 
Brooklyn,  New  York ;  ]\Ir.  E.  E.  Hill,  Chicago  Normal  School, 
Chicago,  Illinois;  Mr.  Charles  I.  Parker,  Principal  of  the 
South  Chicago  High  School,  Chicago,  Illinois;  Dr.  P.  L. 
Kaye,  Baltimore  City  College,  Baltimore,  Maryland;  C.  E. 
Wallace,  State  Normal  School,  Duluth,  Minnesota. 

S.  E.  Form  AN. 

November,  1915. 

V 


Digitized  by  the  Internet  Arciiive 

in  2008  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/advancedcivicsspOOform 


CONTENTS 
PAET   I 

THE  ESSENTIAL   PRINCIPLES   OF   THE  AMERICAN   GOVERNMENT: 
THE  SPIEIT 


GOVEENMENT 

PAGE 

Society  and  Government 3 

The  Evolution  of  the  State 4 

Types  of  Government 6 


II 

POPULAE  GOVEENMENT 

Popular  Government  Defined;    Majority  Eule 9 

The  Growth   of   Democracy 10 

Democracy  in  the   United  States 12 

Why  Popular  Government  is  the  Best 12 

The  Dangers  of  Popular  Government 13 

Democracy  and  the  Individual 15 


III 

EEPEESENTATIVE   GOVEENMENT 

Eepresentative   Democracy 17 

Growth  of  Eepresentative  Government 17 

Eepresentative  Government  in  the  United  States 19 

Principles  of  Eepresentation 19 

The  Eepresentation  of  the  Minority 20 

The  People  and  their  Eepresentatives 21 

vii 


viii  CONTENTS 

IV 

THE  THEEE  DEPAETMENTS  OF  GOVEENMENT 

PAGE 

How  the  Power  of  Government  is  Separated 24 

The  Development  of  the  Three-Department  System 24 

The  Three-Department  System  in  the  United  States 25 

The  Legislature 26 

The  Judiciary 27 

The  Executive 28 

Independence  of  the  Departments 28 


V 

CONSTITUTIONAL  GOVEENMENT 

Charters 31 

Constitutions 32 

General  Features  of  a  Constitution 34 

How  Constitutions  Obtain  their  Authority 34 

The  Amendment  and  Eevision  of  Constitutions 35 

Constitutions  the  Safeguard  of  Liberty 36 


VI 

FEDEEAL  GOVEENMENT 

The  Different  Kinds  of  Political  Unions 38 

The  Complexity  of  American  Government 39 

The  Growth  of  Federalism  in  America 39 

The  Articles  of  Confederation 41 


VII 

THE  DISTEIBUTION  OF  POWEES 

Efforts  to  Strengthen  the  Confederation 46 

The  Constitutional  Convention  of  1787 47 

How  the  Convention  Distributed  Power 49 

Implied  and  Eesulting  Powers  of  the  Federal  Government  ...  51 

Limitations  of  the  Federal  Government 52 

How  the  Federal  Constitution  is  Amended 53 


CONTENTS  ix 

VIII 
THE  STATE 

PAGE 

General  Features  of  a  State  Government 55 

The  Powers  of  the  State 56 

The  Conflict  of  Federal  and  State  Authority 57 

Interstate  Relations 58 

Federal  and  State  Relations 59 

IX 

THE  EXPANSION  OF  THE  FEDERAL  UNION 

The  Admission  of  New  States 63 

The  Admitted  States  East  of  the  Mississippi 63 

The  Louisiana  Purchase 67 

The  Texas  Annexation 69 

The  Oregon  Country 69 

The  Mexican  Cession 69 

The  Spirit  of  Federal  Expansion 70 

X 

LOCAL  GOVERNMENT 

The  Division  of  the  Powers  of  the  State 72 

The  Three  Grades  of  Government 73 

The  Relation  of  the  State  to  Local  Governments 74 

XI 

PARTY  GOVERNMENT 

The  Origin  of  Political  Parties 79 

The  Origin  of  Political  Parties  in  the  United  States 79 

Historical  Sketch  of  Parties  in  the  United  States 81 

The  Elasticity  of  Party  Principles 83 

Political  Parties  and  the  Individual 84 

XII 

CIVIL  LIBERTY 

Civil  Liberty  Defined 87 

The  Growth  of  American  Civil  Liberty 87 

Constitutional  Liberty  and  its  Preservation 92 


X  CONTENTS 

XIII 

CIVIL  EIGHTS  AND  DUTIES 

PAGE 

Civil  Eights  and  Political  Eights 95 

Who   are   Citizens 95 

The  Civil  Eights  of  State  Citizenship 96 

The  Civil  Eights  of  Federal  Citizenship 98 

The  Duties  of  Citizenship 100 

XIV 

POLITICAL  EIGHTS  AND  DUTIES 

The  Origin  of  Political  Eights 102 

The  Elective  Franchise 102 

Political  Eights  Conferred  by  State  Authority 103 

The  Qualifications  of  Voters 104 

Equal  Suffrage 104 

The  Eight  of  Holding  Office 105 

Duties  of  a  Voter 106 


XV 

A  EEVIEW 

The  Characteristic  Features  of  American  Government     ....     108 
The  American  Spirit 109 


PAET  II 

THE  ORGANIZATION  OF  THE   AMERICAN  GOVERNMENT: 

THE    FOEM 

XVI 

THE    OEGANIZATION    OF    CONGEESS 

Eepresentation  in  Congress 115 

The  Apportionment  of  Eepresentatives 118 

The  Election  of  Eepresentatives 119 

The  Election  of  Senators 120 

Congress  the  Focus  of  American  Political  Life 120 


CONTENTS  XI 

XVII 
CONGEESS   AT   WOKK 

PAGE 

The  Assembling  of  Congress  and  its  Adjournment 123 

The  House  at  Work _ 

The  Senate  at  Work :[^' 

The  Powers  of  Congress 

XVIII 
THE  PEESIDENCY 

-1  op 

The  Election  of  the  President ^^^ 

The  Powers  and  Duties  of  the  President j^* 

The  President's  Share  in  Law-making |^^ 

Succession  to  the  Presidency i^^^ 

The  President  as  a  Political  Personality -i^' 

XIX 
THE   FEDEEAL  EXECUTIVE   DEPARTMENTS 

The  Cabinet ]ll 

The  Work  of  the  Departments ^^^ 

The  Organization  of  a  Department J-*^ 

Executive  Work  Outside  the  Departments |*^ 

The  National  Civil  Service 1** 

XX 

THE    FEDEEAL    JUDICIAEY 

The  Independence  of  the  Federal  Judiciary 147 

The  Organization  of  the  Federal  Courts 14« 

Federal  Courts  Outside  the  Federal  System l5tJ 

Officers  of  the  Federal  Courts l^j 

The  Kinds  of  Cases  Tried  in  the  Federal  Courts i&i 

XXI 

THE  FEDEEAL  JUDICIAEY  AT  WOEK 

Explanation  of  Terms :     '     '    ,'  r^'     \    '     '     '     '  Yrt 

The  Jurisdiction  of  the  Three  Grades  of  Federal  Courts  •     •     •     •  J^^ 

The  Supreme  Court  and  the  Constitution 15' 

The  Supreme  Court  and  the  People 1»IJ 


xii  CONTENTS 

xxn 

THE  STATE   LEGISLATURE 

PAGE 

The  Origin  of  State  Legislatures 162 

General  Features  of  State  Legislatures 163 

The  Passage  of  Bills 163 

The  Importance  of  State  Legislation 165 

The  State  Legislature  and  the  State  Constitution 166 

The  Initiative  and  Eeferendum 167 

XXIII 

THE    STATE    EXECUTIVE 

The  Distribution  of  Executive  Functions 170 

The  Executive  Departments 170 

The  Concentration  of  Power  in  the  Hands  of  the  Governor  .     .     .  174 

XXIV 

THE   STATE    JUDICIAEY 

The  Selection  of  the  State  Judiciary 177 

The  Several  Grades  of  State  Courts 177 

Intermediate  Courts  of  Appeal 180 

Probate,  County  and  Chancery  Courts 181 

The  Eolation  of  the  State  Judiciary  to  the  Federal  Judiciary  .     .  181 

The  Powers  of  the  State  Judiciary 182 

XXV 

TEEEITOEIES  AND  DEPENDENCIES 

Territories  and  Dependencies  Governed  by  Congress 184 

Territories  and  Dependencies  on  the  American  Continent     .     .     .  185 

Insular   Territories   and   Dependencies 189 

The  Attitude  of  the  United  States  toward  Dependencies  ....  192 

XXVI 

THE    COUNTY 

The  Importance  of  Local  Government 195 

The  County  in  the  South  and  Southwest 195 

The  County  of  the  Middle  States  and  the  West 196 


CONTENTS  xiii 

PAGE 

The  County  in  New  England 197 

The  Organization  of  a  Typical  County  Government 197 

The  Citizen  and  his  County 200 


XXVII 

THE   TOWN 

The  Origin  and  Character  of  the  Early  New  England  Town     .     .  203 

The  Town-meeting 205 

Town  Officers 206 

The  Town  as  a  Factor  in  the  Civic  Life  in  New  England  .    .     .  207 

Town  Government  Outside  of  New  England 208 


XXVIII 

THE   TOWNSHIP 

The  County-tovsTiship  System 210 

The  Two  Types  of  the  County-township  System 210 

The  Powers  of  the  Township 212 

The  Organization  of  the   Township 213 

The  Township  a  School  for  Good  Citizenship 214 


XXIX 

MUNICIPALITIES 

The  Necessity  for  Municipal  Incorporations 216 

The  Two  Classes  of  Mimicipalities 217 

Villages,  Boroughs,  Towns 217 

The  Organization  of  Cities 218 

The  Sphere  of  Municipal  Activity 222 


XXX 

PAETY  OEGANIZATION 

The  Nomination  of  Candidates 225 

The  Development  of  Party  Organization 225 

Permanent  Party  Organization 226 

Party  Conventions 227 

The  Presidential  Campaign 230 

The  Election  of  the  President 231 

Direct  Nomination 231 


xiv  CONTENTS 

PAET  in 

THE  FUNCTIONS  OF  THE  AMERICAN  GOVERNMENT: 

ITS    SERVICES 

XXXI 
THE   FUNCTIONS   OF  GOVERNMENT 

PAGE 

The  Scope  of  Governmental  Activity 235 

Government  and  the  Individual 236 

Individualism,  Liberalism  and  Socialism 239 

XXXII 

LAWS 

What  a  Law  is;  the  Different  Kinds  of  Laws 242 

Some  of  the  Characteristic  Features  of  Law 244 

Law-making  and  Public  Opinion 245 

Obedience   to   Law 247 


XXXIII 

DEFENSE 

Defense  an  Indispensable  Function  of  Government 249 

National  Defense 249 

State  Defense 253 

Local  Defense 253 

Civil  Government  and  Martial  Law 254 


XXXIV 

INTERNATIONAL   RELATIONS 

International  Affairs  Regulated  by  the  Federal  Government     .     .  256 

International  Law 256 

Ambassadors,  Ministers  and  Consuls 258 

Treaties 260 

Arbitration 261 


CONTENTS  XV 

XXXV 
TAXATION 

PAGE 

The  Cost  of  Government 265 

The  Source  of  the  Taxing  Power 266 

The  Different  Kinds  of  Taxes 266 

Direct  and  Indirect  Taxation 268 

The  Principles  which  should  Govern  in  the  Levying  of  Taxes  .     .  269 

XXXVI 

NATIONAL  FINANCE 

The  Extent  of  the  Federal  Taxing  Power 272 

National   Expenditures 272 

Federal   Taxation — (Indirect) 274 

The  Collection  of  Federal  Taxes 275 

Direct  Federal  Taxes 276 

XXXVII 

STATE    FINANCE 

The  Taxing  Power  of  the  State 280 

The  Authority  for  State  Expenditures 280 

Taxation  in  the  State 281 

Local  Taxation 286 

XXXVIII 
PUBLIC   DEBT 

Public  Debt  a  Necessity 288 

How  Government  Borrows  Money 288 

The  National  Debt 289 

State    Debt 290 

The  Debts  of  Local  Governments 291 

How  Public  Debts  are  Paid 293 

XXXIX 

PKOBLEMS   OF   TAXATION 

The  Difficulties  of  Taxation 296 

The  Corporation   Tax 298 

The  Income  Tax 299 

Graduated  or  Progressive  Taxation 301 

The  Single  Tax 301 


xvi  CONTENTS 

XL 
MONEY 

PAGE 

The  Different  Kinds  of  Money 304 

Silver  and  Gold 305 

The  Coinage  of  Money 306 

Paper  Money 307 

Eepresentative  Money 309 


XLI 

METALLIC    CUEKENCY 

Definition  of  "Currency" 311 

Coinage  before  1873 311 

Coinage  since  1873 313 

Subsidiary  Coinage 315 

Bimetallism  and  Monometallism 316 

International   Bimetallism 317 


XLII 

PAPEE   CUEEENCY 

Bank  Notes  and  Government  Notes 319 

The  United  States  Banks 319 

State  Banks 320 

National  Banks 321 

United  States  Notes 322 

The  Essential  Facts  of  our  Monetary  System 325 

The  Amounts  of  the  Several  Kinds  of  Currency 327 


XLIII 

FOEEIGN  COMMEECE 

The  Power  of  Congress  over  Foreign  Commerce 328 

The  Tariff;  Free  Trade  and  Protection 329 

Tariff  Legislation  in  the  United  States 330 

Eegulations  of  Foreign  Shipping 333 

The  Eegulation  of  Immigration     ...«-> 334 


CONTENTS  xvii 

XLIV 
DOMESTIC  COMMEECE 

PAGE 

Interstate  and  Intrastate  Commerce 337 

The   Kegulation   of   Interstate   Commerce ^^» 

The  Interstate  Commerce  Commission ^^^ 

Intrastate  Commerce 

The  Transmission  of  Intelligence ^*-'- 


XLV 

ELECTIONS 

The  Importance  of  Elections ^^4 

Elections  Conducted  by  State  Authority ^4* 

Eegistration ^ 

The  Casting  and  Counting  of  the  Ballots ^*y 

The  Advantages  and  Disadvantages  of  Secret  Elections  .     .     .     .  6ib 

Bribery        l^a 

The  Usefulness  of  Frequent  Elections ^^^ 


XLVI 

EDUCATION 

Education  a  Function  of  Government 351 

Education  and  Democracy 351 

Public  Education  Controlled  by  the  State 352 

Education  a  Local  Affair 353 

The  School  District 353 

School   Supervision 354 

The  Support  of  the  Public  Schools 355 

Common  Schools,  High  Schools,  Universities  and  Normal  Schools  356 

The  Educational  Activities  of  the  Federal  Government  ....  356 


XLVII 

COEPOEATIONS 

Corporations  Created  by  State  Authority 360 

The  Corporation  in  Modern  Life 361 

The  Evolution  of  Corporate  Industry 361 

The  Trust  Problem 365 


xviii  CONTENTS 

XLVIII 
LABOR 

PAGE 

The  Growth  of  Labor  Organizations 369 

Government  and  the  Workingman 371 

The  Settlement  of  Labor  Disputes 373 

The  Labor  Problem 375 


XLIX 
CRIME 

The  Definition  of  Crime 377 

The  Punishment  of  Crime 378 

Crime  and  the  State  Government 378 

Crime  and  the  Federal  Government 380 

The  Prevention  of  Crime  and  the  Treatment  of  Criminals     .     .     .  381 


L 

CHARITIES 

Charity  a  Function  of  Government 385 

The  Care  of  the  Poor  a  Function  of  Local  Government  ....  385 

Outdoor  and  Indoor  Relief 386 

The  Defective  Classes 387 

State  Boards  of  Charities 387 

Organized  Charity 388 


LI 

THE  POLICE  POWER  OF  THE  STATES 

The  Police  Power  Defined 390 

The  Police  Power  Exercised  by  the  State 391 

The  Public  Health 391 

The  Public  Safety 392 

The  Public  Morality 393 

Appendix  A.     The  Constitution  of  the  United  States  of  America  397 

Appendix  B.     The  First  Written  Constitution 421 

Appendix  C.     The  Ordinance  of  1787 427 

Appendix  D.     Home  Rule  for  Cities 435 

Index        445 


PART  I 

THE   ESSENTIAL  PRINCIPLES   OF  THE 

AMERICAN   GOVERNMENT: 

THE   SPIRIT 


ADVINCED  CIVICS 


GOVERNMENT 

Society  and  Government.  Man  is  impelled  by  the  nature 
of  his  being  to  seek  the  companionship  of  man.  Just  as  in- 
stinct brings  birds  together  in  flocks  and  causes  bees  to 
swarm  and  buffaloes  to  roam  in  herds,  so  by  instinct  men 
come  together  and  live  in  groups.  This  disposition  of  men 
to  live  in  groups  is  described  by  the  word  social  (socius), 
which  in  its  origin  means  partaking  of,  sharing.  A  body 
of  persons  united  by  this  social  instinct,  this  desire  to  share 
and  participate  with  others  in  the  fortunes  and  misfortunes 
of  life,  is  a  society. 

If  man  could  live  separate  from  all  of  his  kind  his  freedom 
would  be  perfect;  his  conduct  would  depend  entirely  upon 
his  own  will  and  desires.  But  he  cannot  live  thus.  He  must 
live  in  society,  and  in  the  social  relation  he  must  do  things 
that  he  does  not  wish  to  do,  and  he  must  refrain  from  doing 
things  that  he  wishes  to  do.  Wild,  unrestrained  freedom 
would  destroy  the  peace  and  safety  of  the  social  group.  In 
every  society,  therefore,  there  are  rules  (laws)  to  be  obeyed 
and  rulers  to  enforce  the  rules.  The  authority  which  imposes 
rules  upon  the  conduct  of  men  and  punishes  those  who  dis- 
obey is  government.  The  word  government  is  derived  from 
a  Latin  word  (gubernare)  which  means  to  guide  or  steer 
or  pilot  a  ship.  The  idea  of  piloting  or  guiding  clings  to 
the  word  government  in  all  its  uses.  We  may  say,  with 
exactness  of  language,  that  government  pilots  society  safely 
through  the  sea  of  man's  passions  and  cruelty  and  selfish- 


4  THE  AMERICAN  GOVERNMENT 

ness.  The  manifold  services  of  government  will  receive  at- 
tention in  another  place  (p.  235).  Here  it  is  enough  to  say 
that  government  lays  its  hands  upon  us  in  our  infancy  and 
is  a  guiding  and  controlling  force  all  our  lives.  If  it  is  wise 
and  just  and  efficient  it  is  an  instrument  of  happiness ;  if  it 
is  foolish  or  tyrannical  or  incapable,  it  is  an  agency  of 
misery.  Our  interest,  therefore,  in  securing  and  maintain- 
ing a  good  government  is  direct  and  permanent. 

The  Evolution  of  the  State.  The  governments  of  the  earth 
as  we  see  them  to-day  are  the  product  of  thousands  of  years 
of  growth,  revolution,  and  change.  History  does  not  give 
a  clear  account  of  the  beginnings  of  government,  but  it  takes 
us  back  to  a  time  when  society  was  extremely  rude,  and  when 
government  was  a  very  simple  affair.  A  study  of  early 
society  reveals  the  following  development  of  government : 

I.  The  Family.  At  the  dawn  of  history  society  was  or- 
ganized upon  the  basis  of  kinship  and  religion,  and  in  this 
organization  the  family  was  the  center  of  much  govern- 
mental authority.  At  the  head  of  the  family,  consisting  of 
parents,  children,  grandchildren,  servants,  dependents,  and 
adoptive  members,  stood  the  house-father  (patriarch)  as 
priest  and  ruler.  The  power  of  the  father,  or  pater  familias, 
over  the  lives  and  possessions  of  the  members  of  the  house- 
hold was  absolute.  He  could  pronounce  the  death  sentence 
upon  a  child,  or  could  sell  it  into  slavery.  No  member  might 
marry  without  the  consent  of  the  father,  nor  could  any 
member  hold  property  in  his  own  name.  As  far  as  the 
members  of  the  family  were  concerned  the  father  was  the 
source  of  all  authority. 

II.  The  Tribe.  We  are  not  certain,  however,  that  the 
government  of  the  family  was  ever  a  sovereign  government. 
A  sovereign  government  exercises  within  itself  all  power  and 
supreme  power  and  is  independent  of  and  uncontrollable  by 
any  other  government.  There  is  no  proof  that  the  family 
was  ever  a  government  of  this  kind.  No  matter  how  far 
back  we  go,  we  always  find  evidence  that  the  family  was  in 


GOVERmiENT  5 

some  way  subordinated  to  a  larger  government  which  we 
may  conveniently  call  the  tribe,  and  which  consisted  of  a 
union  of  families  which  had  a  common  earthly  ancestor, 
and  which  worshiped  the  same  God.  At  the  head  of  the 
tribe,  as  its  chief  and  high  priest,  stood  that  kinsman  who 
by  birth  was  nearest  to  the  common  ancestor.  The  chief 
was  assisted  in  matters  of  government  by  the  heads  of  the 
families  which  composed  the  tribe. 

III.  The  State.  The  last  step  in  the  evolution  of  gov- 
ernment was  taken  when  tribes  coalesced  and  formed  the 
nation  or  state.  The  earliest  state  was  still  organized  on 
the  basis  of  kinship,  as  the  word  nation  {natus)  indicates. 
There  was  still  a  remote  ancestor  who  was  the  common  fore- 
father of  every  person  in  the  nation,  and  a  direct  living 
descendant  of  this  ancestor  was  the  king  of  the  nation  by 
divine  right.  As  society  developed,  however,  and  as  social 
interests  multiplied  and  social  necessities  grew  more  press- 
ing, the  claims  of  birth  gave  way  to  the  claims  of  meritorious 
leadership,  and  the  kingship  was  bestowed  upon  the  one 
who  was  thought  to  be  the  most  worthy  and  the  most 
capable.  With  the  formation  of  the  state  the  king's  council 
comes  into  prominence.  This  body  consisted  of  the  leading 
men  of  the  state,  chieftains  of  the  tribes  and  the  heads  of 
distinguished  families.  The  council  advised  the  king,  and 
its  advice  had  the  moral  effect  of  a  command.  There  ap- 
peared in  the  early  state  still  another  factor  of  government. 
This  was  the  popular  assembly.  The  freemen  of  the  state 
made  bold  to  attend  the  sessions  of  the  king  and  council 
and  make  known  the  popular  will  in  respect  to  public  affairs. 
The  king  and  council  were  not  bound  to  act  in  accordance 
with  the  wishes  of  the  popular  assembly,  yet  a  prudent  king 
could  not  completely  ignore  the  expressed  will  of  the  people. 

In  the  organization  of  the  early  state  described  above,  an 
organization  which  was  completed  almost  at  the  dawn  of 
history,  we  find  an  enduring  pattern  for  all  the  governments 
which  were  to  follow.  In  the  highly  organized  state  of  to- 
day the  presidency  is  a  development  of  the  ancient  kingship, 


6  THE  AMERICAN  GOVERNMENT 

the  legislature  is  a  development  of  the  ancient  council,  and 
the  voting  population  is  an  enlargement  of  the  ancient  popu- 
lar assembly. 

With  the  appearance  of  the  early  state,  public  affairs,  that 
is  to  say,  politics,  became  a  distinct  subject  of  human  interest. 
The  citizen  came  into  view.  A  man  was  now  not  only  a  mem- 
ber of  a  religious  cult,  he  was  a  member  of  a  commonwealth, 
a  partner  in  a  political  enterprise.  Men  wanted  effective 
armies,  and  good  laws,  and  a  just  enforcement  of  these  laws ; 
and  they  regarded  the  state  as  an  agency  by  which  these 
things  might  be  secured.  As  members  of  this  organization 
they  were  citizens  vested  with  the  rights  and  duties  of  citi- 
zenship, owing  allegiance  to  the  state  and  receiving  protec- 
tion from  it. 

Types  of  Government.  In  tracing  the  evolution  of  govern- 
ment in  the  above  section  we  have  kept  in  mind  the  ancient 
history  of  the  region  around  the  Mediterranean  Sea  for  the 
reason  that  the  ancient  government  of  this  region  can  be 
studied  to  the  best  advantage.  An  early  state  of  the  Medi- 
terranean region  was  always  small;  it  was  rarely  as  large 
as  one  of  our  smaller  counties.  Near  its  center  was  a  com- 
pact settlement  called  the  city  (polis),  around  which  was  a 
wall,  and  within  which  was  the  residence  of  the  king.  At 
convenient  distances  from  the  city  lived  villagers,  who  would 
flee  to  the  city  for  refuge  in  time  of  danger.  The  central 
fortified  place,  together  with  the  outlying  villages,  was  called 
the  city-state. 

The  city-state,  as  it  was  constituted  in  the  time  of  Homer 
(1000  B.C.),  was  invariably  a  monarchy,  but,  as  we  have  seen, 
changes  in  the  structure  of  society  and  in  its  interests 
brought  changes  in  the  organization  of  the  state.  In  many 
of  the  city-states  the  leading  men,  the  wealthy  and  high- 
born, deposed  the  king  and  took  government  into  their  own 
hands  and  set  up  aristocracies.  Properly  speaking,  an  aris- 
tocracy is  a  government  conducted  by  a  few  of  the  best 
people  of  the  state.    It  often  happened  in  the  ancient  world 


GOVERNMENT  7 

that  a  clique  of  political  adventurers  who  could  claim  neither 
merit  nor  high  birth  would  seize  upon  the  power  of  the  state 
by  intrigue  and  hold  it  by  force.  A  government  of  this  kind 
was  called  an  oligarchy.  Again,  in  many  cases  all  the  citi- 
zens, that  is,  all  who  enjoyed  the  rights  and  privileges  of 
the  city,  demanded  and  secured  a  direct  participation  in 
government.  A  government  of  this  kind  was  called  a  de- 
mocracy. An  ancient  democracy  was  really  only  an  enlarged 
aristocracy,  for  in  the  ancient  state  there  were  large  numbers 
of  slaves  with  no  rights  of  any  kind,  and  large  numbers  of 
freemen  with  no  political  rights,  and  the  number  of  people 
who  could  possibly  have  a  voice  in  government  was  always 
but  a  small  proportion  of  the  adult  male  population. 

Thus  we  see  that  after  communities  passed  from  a  tribal 
to  a  national  form  of  government,  from  a  religious  to  a 
political  organization,  government  began  to  be  an  affair  of 
man's  choice,  a  creation  of  his  will,  rather  than  a  thing 
of  divine  ordination.  As  a  result  of  this  freedom  many  dif- 
ferent kinds  of  states  were  evolved.  Aristotle  (333  b.c.)  was 
able  to  classify  the  two  hundred  and  fifty  states  around  the 
Mediterranean  under  three  heads : 

(1)  The  monarchy,  the  government  of  one,  the  strong. 

(2)  The  aristocracy,  the  government  of  the  few,  the  wise. 

(3)  The  democracy,  the  government  of  the  many,  the  good. 
The  fifty-odd  sovereign  governments  of  to-day  may  be 

most  conveniently  classified  as  follows: 

1.  Absolute  Monarchies,  in  which  the  will  of  one  person 
is  unfettered  and  supreme. 

2.  Limited  Monarchies,  in  which  the  monarch  shares  po- 
litical power  with  a  legislative  body. 

3.  Republics,  in  which  all  political  power  flows  directly 
or  indirectly  from  the  citizens  who  are  entitled  to  vote. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  society? 

2.  What  is  government? 

3.  Describe  the  ancient  family. 


8  THE  AMERICAN  GOVERNMENT 

4.  Describe  the  tribal  organization. 

5.  What  were  the  three  political  elements  of  the  early  state? 

6.  Compare  the  organization  of  the  early  state  with  the  state  of 
to-day. 

7.  Describe  the  city-state  of  antiquity. 

8.  What  is  a  monarchy?  an  aristocracy?  an  oligarchy?  a  democracy? 

9.  What  was  Aristotle's  classification  of  governments? 
10.  How  may  the  governments  of  to-day  be  classified? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Can   society  exist  without  government? 

2.  Eeligion,  commerce,  education,  war — which  of  these  tends  most 
strongly  to  knit  widely  separated  societies  together?  What  forces  are 
now  operating  to  bring  the  United  States  into  social  relations  with  the 
other  countries  of  the  world? 

3.  What  is  the  difference  between  evolution  and  revolution  in  gov- 
ernment? Was  the  Declaration  of  Independence  an  act  of  evolution  or 
revolution? 

4.  Compare  the  City  of  Refuge  mentioned  in  the  Old  Testament  with 
the  city-state  described  in  the  text.     (See  Numbers  xxxv,  1-5). 

5.  Which  of  the  three  classes  of  government  mentioned  by  Aristotle 
prevails  in  the  family  of  to-day?  in  the  school?  in  the  management  of 
the  affairs  of  a  college?  of  a  church?  of  an  athletic  association?  of  a 
railroad? 

6.  Classify  the  sovereign  governments  of  the  earth  as  absolute  mon- 
archies, limited  monarchies  and  republics.  In  which  class  do  we  find 
the  greatest  number  of  people?  In  which  class  is  the  highest  grade  of 
civilization? 

7.  Among  the  services  which  government  performs  for  society  are 
the  following:  (1)  It  keeps  the  streets  and  roads  in  repair;  (2)  it  sup- 
ports the  schools;  (3)  it  administers  justice  between  man  and  man; 
(4)  it  carries  the  mails;  (5)  it  protects  life  and  property;  (6)  it  pre- 
serves the  liberty  of  citizens;  (7)  it  regulates  the  possession  and  trans- 
fer and  descent  of  property;  (8)  it  defends  the  nations  against  attack; 
(9)  it  protects  the  public  health;  (10)  it  helps  the  poor  and  unfor- 
tunate. Arrange  these  services  in  the  order  of  their  importance,  placing 
the  most  important  service  first.  Be  prepared  to  give  reasons  for  your 
arrangement. 

8.  Which  is  worse,  anarchy  or  despotism? 

9.  Describe  the  effect  which  a  hermit's  life  produces  upon  mental 
and  moral  character. 


II 

POPULAR  GOVERNT^IENT 

Popular  Government  Defined;  Majority  Rule.  A  govern- 
ment which  receives  its  powers  from  the  people  is  a  demo- 
cratic or  popular  government,  and  a  state  in  which  popular 
government  prevails  is  a  democracy.  In  the  United  States 
political  power  everywhere  flows  from  the  people.  The 
President  of  the  United  States,  the  Congress,  and  the  na- 
tional Supreme  Court,  all  receive  their  powers  from  the 
Constitution  of  the  United  States,  and  this  Constitution  is 
a  creation  of  the  people  (1)^  of  the  United  States;  the  gov- 
ernment of  a  State  ^  receives  its  powers  from  the  people  of 
the  State;  a  city  or  a  town  or  a  county  is  governed  by  the 
people  who  reside  within  its  borders.  Thus  in  the  United 
States  the  will  of  the  people  prevails  not  only  in  the  coun- 
try taken  as  a  whole  but  in  all  its  parts  as  well.  This  is  the 
fundamental  principle  of  the  American  government. 

The  people  govern  by  a  political  device  known  as  majority 
rule.  When  a  question  of  government  is  to  be  decided,  or 
when  an  officer  of  government  is  to  be  chosen,  an  orderly 
vote  is  taken  and  the  will  of  the  majority  is  regarded  as  the 
will  of  all.  The  majority  rules  and  the  minority  submits  to 
the  will  of  the  majority;  this  is  a  necessary  and  unavoidable 
feature  of  democratic  government.  The  minority,  right  or 
wrong,  must  bow  to  the  Avill  of  the  majority.     If  the  cause 

^  The  numbers  in  heavy-faced  type  refer  to  passages  in  the  Consti- 
tution of  the  United  States  (Appendix  A)  which  are  distinguished  by 
corresponding  numbers  on  the  margin. 

^In  this  treatise,  when  the  word  "state"  begins  with  a  capital  letter 
one  of  the  members  of  the  American  Union  is  meant. 


10  THE  AMERICAN  GOVERNMENT 

of  the  minority,  however,  is  just,  it  may  be  promoted,  and 
in  good  time  the  minority  may  become  a  majority.  A  right- 
eous and  aggressive  minority  will  not  suffer  permanent  de- 
feat. 

The  Growth  of  Democracy.  The  ancient  Greeks  discovered 
the  principle  of  majority  rule,  and  by  the  year  400  B.C.  most 
of  the  Grecian  states  were  enjoying  popular  government. 
But  the  democracies  around  the  Mediterranean  soon  per- 
ished, some  through  their  own  faults,  others  as  the  victims 
of  conquest.  The  principle  of  democracy,  however,  was  ac- 
tive among  the  Teuton  tribes  which  overran  "Western  Europe 
in  the  fourth  and  fifth  centuries.  Wherever  these  Teutons 
settled,  whether  along  the  Rhine,  or  in  France,  or  in  Eng- 
land, they  planted  democratic  institutions.  They  lived  in  vil- 
lages, and  every  freeman  of  the  village  had  a  vote  and  a  voice 
in  the  village  meeting  where  public  affairs  were  discussed, 
and  where  the  policies  of  the  little  government  were  deter- 
mined. This  Teuton  village  is  an  interesting  example  of  a 
'primary  or  pure  democracy, — a  democracy  in  which  the  peo- 
ple govern  directly  and  personally. 

For  several  hundred  years  after  the  coming  of  the  Teutons 
the  democratic  principle  among  the  nations  of  Western  Eu- 
rope was  strong.  Especially  was  it  strong  among  the  Teu- 
tonic settlers  in  England,  the  Angles  and  Saxons.  During 
the  dark  ages,  however,  feudalism  gave  popular  government 
a  severe  blow.  Under  the  feudal  system  society  was  or- 
ganized upon  the  basis  of  landownership  and  upon  personal 
relations  growing  out  of  the  ownership  of  land.  In  the 
troublous  times  of  the  early  mediaeval  period  it  became  the 
custom  of  the  weak  to  "commend"  themselves  to  the  strong 
for  protection.  This  commendation  created  a  personal  re- 
lation in  which  the  protector  was  the  lord  and  the  protected 
the  vassal.  Since  the  large  landholders  were  the  most  power- 
ful it  was  they  to  whom  comjuendation  was  usually  made. 
The  vassal,  kneeling  before  his  lord  and  placing  his  hands 
between  the  hands  of  his  lord,  would  say :  "  I  am  your  man. ' ' 


POPULAE  GOVERNMENT  11 

The  lord,  in  return  for  the  homage,  promised  the  vassal  pat- 
ronage and  protection.  If  the  vassal  had  any  land  the  lord 
took  it  as  his  own,  the  vassal  henceforth  holding  as  a  tenant, 
the  tenure  depending  upon  the  performance  of  certain  ser- 
vices, most  of  which  were  of  a  personal  nature. 

Under  the  workings  of  the  feudal  system  a  few  lords  came 
to  own  practically  all  the  land  in  a  country.  A  great  land- 
lord would  parcel  out  a  tract  of  land  to  tenants,  and  these 
would  parcel  out  to  sub-tenants,  and  these,  possibly,  to  sub- 
tenants still  lower  down  the  scale.  Under  this  system  land 
was  everything,  man  was  nothing;  every  man,  except  the 
highest  lord,  was  another  man's  man. 

Of  course  democracy,  which  is  founded  on  the  principle 
that  one  person  never  obeys  another  person,  but  always  obeys 
a  law,  could  not  thrive  under  such  conditions.  It  did  not 
thrive,  but  it  survived.  It  was  kept  alive  in  the  cities  and 
towns.  In  a  city  people  can  easily  meet  to  talk  over  public 
affairs  and,  if  necessary,  can  unite  quickly  to  protect  their 
interests  and  liberties.  Cities  have  always  been  the  nurseries 
of  democracy.  When,  therefore,  the  feudal  lords  attempted 
to  override  the  rights  of  the  cities  situated  on  their  lands, 
the  citizens  resisted.  They  were  accustomed  to  equal  rights 
and  self-government,  and  they  prized  these  blessings  too 
highly  to  give  them  up  without  a  struggle.  They  joined  with 
the  king,  who  generally  had  a  quarrel  with  the  lords,  and 
after  a  long  contest  overthrew  feudalism,  the  greatest  enemy 
democracy  ever  had. 

The  people  had  now  to  reckon  with  monarchy.  With  the 
lords  crushed  and  out  of  the  way  the  king  took  all  the  power 
of  govermnent  into  his  own  hands  and  ruled  in  his  own 
interest.  This  was  to  be  expected.  Government  by  one 
means  government  for  one.  Government  by  nearly  always 
means  government  for.  The  monarchs  built  up  their  power 
rapidly,  and  it  was  not  long  before  the  very  existence  of 
popular  government  was  threatened. 

The  people  of  England  were  the  first  to  resist  the  encroach- 
ments of  the  crown.     By  the  close  of  the  seventeenth  cen- 


12  THE  AMERICAN  GOVERNMENT 

tury  they  had  fought  their  battle  and  had  won.  On  the 
Continent  democracy  slumbered  for  a  hundred  years  longer. 
Then  it  awoke  and  asserted  its  terrible  power.  In  France 
the  people,  who  had  become  the  servants  of  the  government, 
revolted  (1789)  and  tore  up  monarchy  from  its  foundations. 
They  beheaded  the  king,  drove  out  the  nobility,  and  es- 
tablished a  government  which  was  to  be  the  servant  of  the 
people.  The  French  Revolution  was  the  first  of  a  series  of 
victories  for  democracy.  From  1789  to  the  present  time,  in 
almost  every  country  on  the  globe,  the  power  of  the  people 
in  matters  of  government  has  been  increasing.  Year  by 
year  the  right  to  vote  has  been  given  to  larger  and  still 
larger  numbers  of  citizens,  laws  have  become  more  and  more 
favorable  to  popular  needs  and  wishes,  and  governments 
themselves  have  become  more  and  more  democratic  in  spirit 
and  form.  We  may  safely  say  that  the  twentieth  century 
opens  with  democracy  triumphant  in  all  the  progressive 
nations  of  the  earth. 

Democracy  in  the  United  States.  The  above  sketch  shows 
that  the  principle  of  democracy  is  a  persistent  and  inde- 
structible force  in  human  affairs.  In  America  it  was  a 
powerful  force  even  before  the  Revolution.  In  every  colony 
large  numbers  of  people  participated  in  government,  and 
when  independence  was  declared  it  was  declared  in  the  name 
of  the  people.  "The  people"  at  the  time  of  the  Revolu- 
tion meant  but  a  small  portion  of  the  adult  male  population, 
but  the  proportion  steadily  grew,  and  by  the  year  1840  de- 
mocracy in  America  meant  that  all  white  male  adults  had  the 
right  to  vote.  Thirty  years  later  all  black  male  adults  also 
enjoyed  this  right.  Democracy  in  the  United  States  to-day 
means  the  rule  of  practically  the  whole  body  of  grown  men 
plus  a  very  considerable  portion  of  the  grown  women,  about 
20,000,000  persons,  or  one  fifth  of  the  total  population. 

Why  Popular  Government  is  the  Best.  What  are  the  rea- 
sons which  have  urged  the  people  to  undertake  the  dangerous 


POPULAR  GOVERNLIENT  13 

and  difficult  task  of  governing  themselves?  There  are  three 
coercive  reasons  why  popular  government  should  he  main- 
tained : 

(1)  The  people  are  the  best  guardians  of  their  own 
liberties  and  interests.  Government  hij,  let  it  be  repeated, 
is  government  for.  Government  by  a  king  will  be  conducted 
in  the  interest  of  the  royal  family ;  government  by  an  aris- 
tocracy will  be  administered  for  the  benefit  of  a  small  class  ; 
government  by  all  will  aim  to  promote  the  welfare  and  pro- 
tect the  rights  of  all. 

(2)  Democracy  is  best  for  the  individual.  Participation 
in  government  adds  to  the  interest  of  life,  sharpens  the  in- 
tellect, broadens  the  sympathies,  cultivates  a  civic  conscience, 
and  thus  enriches  and  elevates  individual  character. 

(3)  Popular  government  develops  the  highest  type  of 
patriotism.  Citizens  of  a  democracy  always  spring  quickly 
to  the  defense  of  their  government,  for  it  is  a  work  of  their 
own  hands.  Subjects  of  monarchies,  on  the  other  hand, 
have  been  known  to  be  driven  into  battle  by  the  lash.  Pop- 
ular government  has  had  its  fullest  development  in  Switzer- 
land, and  the  Swiss  are  the  most  patriotic  people  in  the 
world. 

The  Dangers  of  Popular  Government.  We  are  sometimes 
taught  to  regard  democracy  as  something  divine.  We  are 
told  that  the  voice  of  the  people  is  the  voice  of  God.  We 
should  cherish  the  principle  of  democracy  and  resist  every 
attempt  to  undermine  it  or  sap  its  strength,  but  we  need 
not  regard  it  as  a  divine  institution.  It  is  simply  one  of  the 
forms  of  government.  It  is  that  form  in  which  the  people 
rule  by  the  device  of  voting  and  abiding  by  the  will  of  the 
majority.  That  is  all.  Democracy  is  a  human  institution, 
and  like  all  human  institutions  it  is  beset  by  dangers.  Three 
of  these  dangers  are  inherent  and  must  be  pointed  out: 

(1)  Indifference.  It  is  extremely  easy  to  forget  and  neg- 
lect civic  duty.  It  is  next  to  impossible  to  keep  the  attention 
fixed  constantly  upon  public  affairs.     Yet  the  success  of 


14  THE  AMERICAN  GOVERNMENT 

popular  govermnent  requires  that  the  citizen's  interest  in 
public  affairs  be  sustained,  and  that  his  watchfulness  shall 
never  be  relaxed.  Eternal  vigilance  is  the  price  of  democ- 
racy as  well  as  of  many  other  good  things.  A  people  who 
are  habitually  indifferent  to  the  affairs  of  government  are 
not  fit  to  rule  themselves. 

(2)  The  Demagogue.  A  demagogue  is  a  leader  who  seeks 
to  gain  political  power  for  his  own  selfish  purposes,  and  not 
for  his  country's  good.  The  demagogue  flatters  the  people 
and  confirms  them  in  their  prejudices  and  wrong- thinking 
and,  if  necessary,  lies  to  them.  He  would  rather  lead  the 
people  to  their  destruction  than  fail  in  his  designs.  "We 
must  always  have  leaders,  and  as  long  as  there  are  men  who 
prefer  their  private  gain  to  the  public  welfare,  so  long  will 
the  false  leader,  the  demagogue,  be  with  us.  "We  ought, 
therefore,  to  keep  a  sharp  lookout  for  this  arch  enemy  of 
democracy  and  deal  him  a  blow  whenever  he  shows  his 
baleful  head. 

(3)  Tyranny.  We  are  accustomed  to  associate  the  idea 
of  tyranny  with  kings,  but  what  is  tyranny  ?  It  is  an  exer- 
cise of  power  without  regard  to  justice ;  it  is  an  exercise  of 
brute  force.  Now  if  the  majority  ruthlessly  trample  upon 
the  rights  of  the  minority,  the  minority  feels  the  tyranny 
as  keenly  as  if  it  were  inflicted  by  a  despot.  Tyranny  in 
popular  government  is  worse  than  the  tyranny  of  monar- 
chies. A  tyrannical  king  can  be  overthrown,  but  when  a 
majority  is  tyrannical  its  tyranny  cannot  be  successfully 
resisted. 

The  danger  of  tyranny  in  popular  government  will  be 
avoided  if  the  majority  will  remember  justice  and  right. 
But  justice  and  right  are  not  always  identical  with  the 
popular  will.  "To  say  that  the  will  of  the  majority  makes 
a  thing  right  or  wrong  is  a  palpable  absurdity.  Right  and 
wrong  are  what  they  are  by  their  own  nature.  They  can 
as  little  be  made  by  man  as  can  the  properties  of  the  tri- 
angle. No  man,  no  number  of  men,  can  do  more  than  declare 
them.    The  will  of  the  majority  ought  to  prevail  if  it  is  in 


POPULAR  GOVERNMENT  15 

accordance  with  right.     For  the  sole  ought  is  an  ethical 
ought."    {W.  S.  Lilly.) 

Democracy  and  the  Individual.  We  learn  in  physics  that 
a  body  acted  upon  by  a  number  of  forces  applied  from  dif- 
ferent directions  yields  something  to  each  force  and  moves 
in  a  line  that  is  the  resultant  of  all  the  forces.  So  it  is 
in  the  political  world.  In  a  democracy  a  number  of  wills 
exert  themselves  upon  government  to  make  it  go  this  way 
and  that ;  it  yields  something  to  each  and  moves  in  a  direc- 
tion that  is  the  resultant  of  all  the  wills.  Plainly,  then,  the 
responsibility  for  the  course  of  public  affairs  must  be  sought 
in  the  doings  of  individuals.  Just  as  one 's  personal  conduct 
affects  the  government  of  the  home  for  good  or  for  evil,  or 
the  government  of  the  school  for  good  or  for  evil,  so  does 
personal  conduct  affect  the  larger  civil  government  for  good 
or  for  evil.  This  is  another  way  of  saying  that  good  govern- 
ment begins  with  one 's  self,  not  with  one 's  neighbor.  When 
I  grasp  the  idea  of  personal  responsibility  in  political  mat- 
ters, when  I  understand  that  the  greatest  contribution  I  can 
make  to  the  cause  of  good  government  is  to  order  my  own 
political  actions  aright,  I  am  beginning  to  understand  the 
duty  that  rests  upon  me  as  a  citizen  of  a  democracy.  The 
first  fact  of  a  democracy  is  the  power  of  the  people ;  the  first 
fact  of  citizenship  in  a  democracy  is  the  civic  responsibility 
of  the  individual. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  a  democracy?     Why  may  we  call  the  United  States  a 
democracy  ? 

2.  What  is  meant  by  majority  rule? 

3.  In  what  countries  did  democracy  flourish  in  early  times? 

4.  What  is  a  pure  democracy? 

5.  How  did  feudalism  affect  popular  government? 

6.  In  what  way  have  cities  advanced  the  cause  of  democracy? 

7.  In  what  way  have  kings  retarded  the  cause  of  democracy? 

8.  What  was  the  French  Eevolution?     What  have  been  the  results 
of  that  Eevolution? 

9.  Give  an  account  of  the  growth  of  Democracy  in  America. 


16  THE  AMERICAN  GOVERNMENT 

10.  Give  three  good  reasons  why  popular  government  should  be  main- 
tained. 

11.  Point  out  three  great  dangers  of  popular  government. 

12.  How  can  it  be  shown  that  responsibility  for  good  government  in 
a  democracy  rests  upon  the  individual? 


SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  (Plurality.)  If  in  a  contest  for  office  A  receives  5000  votes,  B 
4000,  and  C  3000  there  is  no  majority,  but  A  receives  a  plurality. 
Should  the  will  of  the  plurality  rule? 

2.  (Second  Election.)  "In  a  democracy  no  one  ought  to  be  declared 
elected  to  an  office  unless  he  has  received  a  majority  of  all  the  votes 
cast.  If  there  are  three  or  more  candidates  and  no  person  receives  a 
majority  of  the  votes  there  should  be  a  second  election,  the  candidates 
being  the  two  persons  who  received  the  greatest  number  of  votes  at  the 
first  election."     Discuss  the  above  proposition. 

3.  In  England  practically  all  the  male  citizens  of  voting  age  have 
the  right  to  vote.     Is  England  a  democracy? 

4.  What  is  ochlocracy.^  plutocracy ? 

5.  Can  democracy  be  strengthened  by  permitting  women  to  vote? 
In  what  way  may  a  non-voter  influence  government? 

6.  In  the  average  school  would  the  majority  express  its  will  in  favor 
of  order  and  industry?     If  so,  would  the  minority  acquiesce? 

7.  In  olden  times  it  was  said  that  the  voice  of  the  king  was  the 
voice  of  God;  in  these  times  it  is  sometimes  said  that  the  voice  of  the 
people  is  the  voice  of  God.     In  which  statement  is  there  more  truth? 

8.  Which  is  better,  self-government  or  good  government? 

9.  Why  should  Civics  be  taught  in  the  public  school? 

Topics  for  Special  Worh. — The  Perils  of  Democracy:  1,  279-301, 
21-26.  The  Extension  of  Democracy:  4,  87-102.  Majority  Rule:  4, 
161-173.     The  Meaning  of  Self -Government:     30,  15-21.' 

^  The  number  in  heavy-faced  type  refers  to  the  book  of  the  cor- 
responding number  in  the  book  list  on  p.  437. 


Ill 

REPRESENTATIVE  GOVERNMENT 

Representative  Democracy.  A  representative  government 
is  a  popular  government  in  which  power  is  exercised  by- 
chosen  agents  (representatives)  of  the  people,  instead  of 
being  exercised  directly  by  the  people  assembled  as  a  pure 
democracy.  A  country  which  is  governed  by  representatives 
elected  by  the  people  is  a  representative  democracy  or  re- 
public. In  a  representative  democracy  the  people  rule  no 
less  than  in  a  pure  democracy,  but  they  rule  indirectly. 

Growth  of  Representative  Government.  We  have  seen  that 
popular  government  in  ancient  times  was  a  simple  affair. 
At  stated  times  all  the  freemen  assembled  at  the  meeting- 
place  and  disposed  of  public  questions  by  a  direct  vote,  the 
majority  of  votes  ruling.  Wlien  the  body  of  freemen  was 
small  democracy  in  this  pure  form  was  practicable ;  but  how 
was  the  principle  of  popular  rule  to  be  applied  to  large 
bodies?  How  was  the  will  of  a  state  consisting  of  millions 
of  people  to  be  ascertained  or  expressed,  and  how  was  the 
government  of  such  a  state  to  be  conducted?  The  ancient 
Greeks  and  Romans  never  answered  this  question  success- 
fully. They  never  discovered  a  method  by  which  very  large 
bodies  of  people  might  knit  themselves  together  and  live  un- 
der one  government  and  at  the  same  time  enjoy  self-govern- 
ment and  civil  liberty.  Our  Anglo-Saxon  ancestors,  however, 
solved  this  question  in  a  very  ingenious  manner.  "Wlien  they 
invaded  England  (449  a.d.)  they  settled  down  in  villages, 
but  they  united  the  villages  into  larger  political  associations 

17 


18  THE  AMERICAN  GOVERNMENT 

known  as  hundreds.  This  union  was  effected  in  the  follow- 
ing way:  In  each  village  four  discreet  men  were  chosen  to 
attend  the  hundred  moot,  or  meeting-place  of  the  hundred, 
where  they  met  other  discreet  men  from  the  other  villages 
of  the  hundred.  The  four  men  sent  to  the  hundred  moot 
spoke  and  voted  for  the  village  from  whence  they  came. 
''Their  voice  was  its  voice,  their  doings  its  doings,  their 
pledge  its  pledge."  At  the  hundred  moot  were  done  only 
those  things  that  the  village  could  not  do  for  itself.  Strife 
between  village  and  village  was  allayed ;  appeals  were  heard ; 
judgment  in  the  weightier  cases  of  law  was  rendered.  All 
matters  that  were  purely  local  were  still  in  the  hands  of 
the  little  home  government,  the  village  moot.  The  central 
authority  did  not  destroy  local  self-government. 

The  union  of  villages  under  the  government  of  the  hun- 
dred pointed  the  way  to  the  formation  of  larger  unions.  The 
villages  also  sent  their  representatives  to  a  shiremoot,  where 
public  business  was  transacted  in  the  name  of  the  shire,  the 
parent  of  the  modern  county.  The  organization  of  the  shire- 
moot was  the  model  for  a  national  moot,  and  in  1265  the 
nation  through  its  representatives  met  in  a  council  at  West- 
minster, two  representatives  from  each  shire  attending. 
Thirty  years  later,  in  addition  to  the  two  representatives  of 
the  shire,  two  citizens  from  each  city  and  two  burgesses  from 
each  borough  were  elected  to  the  national  council.  This 
council,  consisting  of  representatives  of  the  whole  body  of 
the  English  people,  was  the  first  English  Parliament.  With 
this  body  the  sovereign  power  of  the  people  was  lodged,  and 
England  has  been  a  representative  government,  as  far  as 
its  law-making  body  is  concerned,  ever  since. 

Representative  government  developed  in  the  other  coun- 
tries of  Europe,  but  not  so  rapidly,  or  with  such  unbroken 
success,  as  in  England.  Throughout  the  last  century,  just 
as  democracy  gained  strength  everywhere,  so  did  representa- 
tive government  gain  strength  everywhere.  At  the  present 
time  in  all  the  free  governments  of  the  world  the  people 
govern,  in  part  at  least,  through  chosen  representatives. 


REPRESENTATIVE  GOVERNMENT  19 

Representative  Government  in  the  United  States.  The  rep- 
resentative feature  of  the  American  government  is  as  marked 
as  is  its  democratic  feature.  In  1619  Virginia  had  the  honor 
of  electing  the  first  representative  body  that  ever  met  in 
America.  In  New  England  the  people  from  the  beginning 
managed  affairs  that  were  purely  local  in  the  purely  demo- 
cratic way  (p.  205),  but  in  reference  to  the  general  affairs 
of  the  colony  they  acted  through  their  representatives.  And 
so  it  was  in  all  the  colonies.  To  govern  through  representa- 
tives seemed  the  only  natural  way  of  conducting  political 
affairs.  Independence  was  declared  by  representatives  of 
the  colonies,  and  the  Constitution  was  framed  by  represen- 
tatives of  the  States  (130). 

In  the  United  States  government  is  representative  not  only 
in  the  law-making  department,  but  in  all  its  departments. 
Our  Presidents  and  governors  and  mayors  and,  in  most  in- 
stances, our  judges  are  chosen  agents  of  the  people.  The 
officers  of  government  who  are  not  directly  elected  by  the 
people  are  appointed  by  direct  representatives,  and  are  thus 
not  far  removed  from  the  voters.  The  people  govern  not 
only  through  their  representatives,  but  it  is  by  means  of 
chains  of  representation  that  counties  and  cities  and  States 
are  bound  together  into  one  strong  and  indissoluble 
VNION. 

Principles  of  Representation.  What  principles  shall  govern 
in  the  choice  of  representatives  ?  Shall  a  representative  act 
for  a  class,  for  an  interest,  for  a  locality,  or  for  all  the  peo- 
ple who  elect  him?  How  shall  representatives  be  appor- 
tioned? For  how  long  a  time  shall  a  representative  retain 
his  power  ?  These  questions  have  given  rise  to  many  politi- 
cal battles,  and  have  led  to  many  political  experiments.  In 
the  English  Parliament  for  a  long  time  manufacturing  in- 
terests were  represented  by  members  from  the  boroughs  and 
cities,  farming  interests  were  represented  by  members  from 
the  shires,  church  interests  by  the  bishops,  educational  in- 
terests by  members  from  the  universities,  the  noble  classes 


20  THE  AIMERICAN  GOVERNMENT 

by  the  lords.  In  other  words,  Parliament  represented  only 
classes  and  interests.  "With  the  rise  of  democracy  in  the 
nineteenth  century  the  system  of  government  by  classes  and 
interests  broke  down  in  England  and  elsewhere,  and  an 
officer  of  government  began  to  be  regarded  as  a  representa- 
tive of  all  the  people.  For  the  law-making  branch  of  gov- 
ernment the  principle  of  representation  according  to  num- 
ber was  adopted ;  so  many  people,  so  many  representatives. 
In  order  that  the  people  might  have  an  opportunity  of  choos- 
ing new  agents  and  instituting  new  policies  of  government 
the  term  of  the  representative  was  limited  to  a  fixed  period 
of  time.  Another  rule  which  was  quite  generally  observed 
was  this:  the  voters  chose  as  a  representative  one  who  re- 
sided within  the  district  in  which  the  vote  was  taken.  These 
principles  of  representation  are  applied  to  a  greater  or  less 
extent  in  all  countries  which  enjoy  free  government.  In  the 
United  States  they  are  applied  with  great  fidelity  in  all  the 
gTades  of  government,  in  township  and  county  and  city  and 
State  and  nation.  The  principles  are  four  in  number,  and 
may  be  stated  as  follows: 

1.  A  representative  acts  not  for  favored  classes  or  in- 
terests, but  for  people  as  people. 

2.  Representatives  in  the  legislature  are  apportioned  ac- 
cording to  population. 

3.  A  representative  is  chosen  for  a  definite  period  of  time, 
usually  a  short  period. 

4.  A  representative  resides  among  his  people. 

The  Representation  of  the  Minority.  In  the  choice  of  repre- 
sentatives the  principle  of  majority  rule  prevails.  If  there 
are  more  than  two  candidates  for  an  office,  a  candidate  hav- 
ing a  plurality  of  votes  is  usually  declared  elected.  Some- 
times the  majority  rule  seems  to  work  injustice  to  the  minor- 
ity. For  example,  in  a  State  where  the  voters  of  one  of  the 
great  political  parties  have  a  decided  majority  in  all  parts 
of  the  State,  the  minority  will  go  unrepresented  altogether. 
There  have  been  times  when  the  legislature  of  Vermont  was 


REPRESENTATIVE  GOVERNIVIENT  21 

without  a  single  representative  of  the  Democratic  party,  al- 
though there  were  thousands  of  Democrats  in  the  State.  To 
secure  a  representation  for  the  minority  numerous  devices 
have  been  proposed.  Two  of  these  have  been  practically  ap- 
plied. The  first  is  known  as  the  ' '  limited  vote ' '  plan.  When 
a  group  of  three  officers  is  to  be  chosen  in  a  district,  as,  for 
example,  three  commissioners  in  a  county,  if  no  person  is 
allowed  to  vote  for  more  than  two  candidates,  one  of  the 
three  successful  candidates  may  be  a  member  of  the  political 
party  which  is  in  a  minority.  This  plan  has  been  adopted  in 
Pennsylvania  in  the  election  of  county  officers.  The  second 
device  for  representing  the  minority  involves  the  plan  of 
"cumulative  voting."  Under  this  plan  each  voter  may  east 
as  many  votes  as  there  are  candidates  for  office,  and  may 
distribute  his  votes  or  give  them  all  to  one  candidate.  By 
concentrating  their  votes  upon  one  candidate  a  minority  can 
generally  secure  representation.  Cumulative  voting  has  been 
practiced  for  many  years  in  Illinois. 

The  People  and  their  Representatives.  In  a  representative 
democracy  government  on  election-day  passes  out  of  the 
hands  of  the  people  for  a  time  into  the  hands  of  their  chosen 
agents.  In  the  long  run  these  agents  will  be  like  the  people 
they  represent.  If  the  voters  want  good  government  their 
representatives  will  give  it  to  them.  As  William  Penn  said : 
"Governments  rather  depend  upon  men  than  men  upon 
governments.  Let  men  be  good  and  the  government  cannot 
be  bad;  for  if  it  be  ill  they  will  cure  it.  But  if  men  be 
bad,  let  the  government  be  ever  so  good,  they  will  endeavor 
to  warp  and  spoil  to  their  turn.  ...  I  know  some  say  let 
us  have  good  laws  and  no  matter  for  the  men  that  execute 
them;  but  let  them  consider  that  though  good  laws  do  well, 
good  men  do  better,  for  good  laws  may  want  good  men  and 
be  abolished  by  ill  men ;  but  good  men  will  never  want  good 
laws  nor  suffer  ill  ones."  The  truth  and  logic  of  these 
words  cannot  be  escaped.  The  character  of  a  government 
depends  upon  the  voters  who  control  it.     It  is  of  little  use 


22  THE  AMERICAN  GOVERNMENT 

to  scold  our  representatives,  for  they  are  one  with  us.  When 
we  become  better  they  will  become  better.  Nor  should  we 
attempt  to  shift  responsibility  from  ourselves  to  our  repre- 
sentatives. Representation  is  a  device  of  great  convenience, 
but  it  cannot  work  political  magic.  It  cannot  remove  the 
burden  of  responsibility  from  the  shoulders  of  the  individual. 
"When  we  assume  the  task  of  self-government  we  assume  per- 
sonal duties  which  no  political  contrivance  will  enable  us  to 
escape, 

QUESTIONS  ON  THE  TEXT 

1.  What  is  a  representative  government? 

2.  What  is  a  republic? 

3.  Contrast  pure  democracy  with  representative  democracy . 

4.  Give  an  account  of  the  growth  of  representative  government  in 
England. 

5.  What  has  been  the  history  of  representative  government  in  the 
United  States? 

6.  State  the  principles  which  govern  in  the  United  States  in  the 
matter  of  representation. 

7.  State  two  devices  by  which  the  minority  may  be  represented. 

8.  Show  that  representatives  are  like  their  constituents. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Name  the  four  essentials  of  a  good  representative  system.  See 
Bryce,  Vol.  I,  p.  296. 

2.  Distinguish  between  a  "delegate"  and  a  "representative." 

3.  What  qualities  are  developed  in  the  citizen  of  a  pure  democracy? 
Which  is  better  for  the  individual,  a  direct  or  an  indirect  democracy? 

4.  In  a  number  of  the  States  local  affairs — especially  school  affairs 
— are  managed  by  the  people  meeting  as  a  pure  democracy.  State  the 
advantages  and  disadvantages  of  this  custom. 

5.  In  England  voters  sometimes  choose  as  a  representative  one  who 
does  not  reside  among  themselves.  Give  reasons  for  and  against  such  a 
custom. 

6.  Give  illustrations  of  representative  bodies  that  are  not  political. 

7.  Arrange  the  following  forms  of  government  according  to  merit, 
placing  the  best  first:  Oligarchy,  absolute  monarchy,  representative 
democracy,  aristocracy,  anarchy,  pure  democracy,  limited  monarchy. 

8.  Answer  the  following  questions  in  reference  to  the  relations  that 
should  exist  between  a  representative  and  his  constituents:  Under  what 
circumstances  will  a  representative  be  justified  in  opposing  the  wishes 
of  the  people  who  elected  him?  If  the  wishes  of  the  voters  change 
after  election,  should  the  representative  act  according  to  the  changed 


EEPRESENTATIVE  GOVERNMENT  23 

views  of  his  constituents'?  Should  the  representative  under  all  circum- 
stances act  according  to  his  o\vti  judgment?  Should  he  abide  by  the 
promises  made  before  his  election?  Should  he  resign  if  his  views  do 
not  accord  with  the  views  of  his  constituents?  When  a  representative 
is  instructed  by  his  constituents  as  to  a  course  of  action  should  he 
obey  the  instructions? 

9.  The  Recall.  In  some  States  and  in  many  cities  the  people  retain 
complete  control  over  the  officers  whom  they  have  elected  by  means  of 
a  political  device  known  as  the  ' '  recall. ' '  Where  the  recall  is  in  use 
the  voters,  upon  the  complaint  or  petition  of  a  certain  number  of  citi- 
zens, vote  upon  the  question  whether  a  certain  officer  shall  be  deprived 
of  (recalled  from)  his  office  before  his  term  expires,  and  if  the  vote 
is  in  favor  of  the  officer 's  removal  he  must  give  up  his  office  before  the 
end  of  his  term.  When  an  officer  is  removed  by  the  operation  of 
the  recall,  the  vacancy  is  filled  by  holding  a  special  election,  at  which 
the  officer  removed  may  be  a  candidate  if  he  so  desires.  The  recall  is 
in  operation  in  many  of  the  cities  governed  by  the  commission  system 
(p.  220)  and  in  some  cities  not  thus  governed.  In  several  instances 
mayors  of  large  cities  have  been  removed  through  the  procedure  of  the 
recall.  In  some  of  the  States  where  the  recall  is  in  use  the  judges 
are  exempt  from  its  operations.  The  recall  is  in  operation  in  the  States 
of  Oregon,  California,  Arizona,  Arkansas,  Colorado,  Washington,  Louis- 
iana, Kansas  and  Nevada.  What  do  you  think  of  the  recall  as  a  politi- 
cal contrivance? 

10.  The  Hare  System  of  Eepresentation. — This  system  aims  to  give 
a  representation  to  each  political  party  or  group  of  voters  in  exact 
proportion  to  the  number  of  votes  cast  by  each  party  or  group  par- 
ticipating in  the  election.  The  total  number  of  votes  cast  is  divided 
by  the  number  of  representatives  to  be  chosen  and  the  quotient,  called 
the  "electoral  quota,"  is  taken  as  the  number  of  votes  necessary  to 
elect  any  candidate.  Each  voter  is  permitted  to  vote  for  one  candi- 
date, but  is  permitted  to  indicate  his  second  and  third  choices,  etc. 
"In  counting  the  ballots  only  the  first  choices  are  counted  and  as  soon 
as  a  candidate  has  received  a  number  of  votes  equal  to  the  electoral 
quota  he  is  declared  elected  and  no  more  votes  are  counted  for  him. 
The  remaining  ballots  which  designate  him  as  first  choice  are  then 
counted  for  the  candidate  having  the  second  choice,  and  so  on  down  the 
list  until  the  necessary  number  of  persons  have  been  declared  elected. ' ' 
The  Hare  System  has  been  adopted  in  the  city  of  Ashtabula,  Ohio. 

Topics  for  Special  WorTc. — Eepresentative  Government:  4,  174-183. 
Four  Essentials  of  a  Representative  System:  2,  217-218.  The  Limited 
and  Cumulative  Vote:  13,  86-98.     The  Recall:    30,  526-527. 


IV 

THE  THREE  DEPARTMENTS  OF  GOVERNMENT 

How  the  Power  of  Government  is  Separated.  The  people 
of  a  free  state  will  not  confer  all  the  power  of  government 
upon  one  person,  or  upon  one  body  of  persons.  Experience 
has  taught  that  it  is  better  to  divide  governmental  power 
into  three  portions,  and  to  establish  three  departments  of 
government,  allotting  to  each  department  its  own  peculiar 
portion.  The  three  departments  of  a  popular  government 
are:  (1)  The  legislative  department,  upon  which  is  conferred 
the  power  of  making  laws;  (2)  the  judicial  department, 
which  is  entrusted  with  the  power  of  deciding  how  the  law 
shall  apply  in  particular  cases  when  disputes  arise;  (3)  the 
executive  department,  which  is  vested  with  the  power  of  en- 
forcing laws. 

The  Development  of  the  Three-Department  System.    In  the 

earliest  times  the  king  was  legislator,  judge,  and  executive : 
he  made  the  law,  he  sat  in  judgment  upon  those  charged  with 
violating  it,  and  he  enforced  the  penalties  against  the  guilty. 
Later,  but  still  very  early  in  the  history  of  politics,  the  king 
began  to  share  the  power  of  government  with  a  council  of 
elders  (p.  5).  The  council  expressed  the  will  of  the  state 
and  the  king  executed  what  the  council  advised.  Here  was 
the  first  separation  of  governmental  power.  The  growth  of 
democracy  in  the  ancient  world  brought  a  further  separation. 
We  find  that  in  Athens  as  early  as  500  b.c.  there  were  law- 
makers and  judges  and  executive  officers.  It  must  not  be 
thought,  however,  that  in  ancient  times  the  three  depart- 

24 


THE  THREE  DEPARTMENTS  OF  GOVERNMENT   25 

ments  were  fully  developed,  and  that  each  department  was 
entrusted  only  with  power  of  a  certain  kind.  Athenian  law- 
makers sometimes  did  what  only  judges  ought  to  do,  and 
Athenian  judges  would  sometimes  do  what  only  law-makers 
ought  to  do. 

In  the  early  history  of  England  the  folkmoot  exercised 
legislative,  judicial,  and  executive  powers,  but  along  with 
the  development  of  representative  government  there  was 
developed  a  system  of  distributing  the  powers  to  three  great 
departments.  Parliament  confined  itself  chiefly  to  making 
laws,  a  class  learned  in  the  law  acted  as  judges,  and  the 
king  carried  the  law  into  effect.  The  lines  that  divided  the 
three  departments  were  not  always  clear,  and  one  depart- 
ment frequently  encroached  upon  another.  In  the  seven- 
teenth century  a  king  (James  I)  ventured  to  sit  on  the  bench 
as  a  judge,  but  his  conduct  was  universally  condemned.  The 
protest  which  arose  against  the  encroachment  of  James  shows 
that  Englishmen  then  had  learned  to  draw  the  lines  that 
should  separate  the  departments,  and  in  the  struggle  which 
followed  it  was  settled  that  these  lines  should  not  be  blurred 
or  effaced.  In  1765  the  most  celebrated  expounder  of  Eng- 
lish law  (Blackstone)  could  say  that  in  England  the  three 
departments  of  government  were  separate  and  distinct. 

The  Three-Department  System  in  the  United  States.  In 
America  the  lines  which  divide  the  three  departments  from 
each  other  are  quite  distinct  and  clear.  In  very  few  in- 
stances shall  we  find  one  branch  doing  what  properly  belongs 
to  another  branch.  When  the  founders  of  the  republic 
distributed  the  powers  to  the  three  departments  they  took 
great  care  that  judges  should  do  only  the  work  of  judges, 
that  legislatures  should  only  make  laws,  and  that  executives 
should  be  concerned  only  with  the  carrying  out  of  laws,  and 
they  placed  around  each  department  effectual  barriers 
against  encroachment  by  the  other  departments.  And  the 
policy  of  the  fathers  has  been  continued  to  the  present  time. 
In  the  United  States  political  power  is  everywhere  distributed 


26  THE  AMERICAN  GOVERNMENT 

to  three  departments.  This  is  true  of  the  American  govern- 
ment in  all  its  gradations.  In  the  government  of  towns 
and  cities  ^  and  States,  as  well  as  in  the  government  of  the 
nation,  three  departments  are  in  operation,  each  doing  a 
work  that  is  peculiarly  its  own. 

The  Legislature.  The  most  powerful  and  in  some  respects 
the  most  important  department  is  the  legislature,  which  ex- 
presses the  will  of  the  people  in  the  form  of  laws.  Almost 
every  subject  relating  to  the  safety  and  welfare  of  society 
may  come  within  the  scope  of  legislative  action.  One  of 
the  most  important  powers  of  the  legislature  is  to  provide 
money  by  means  of  taxation  for  the  support  of  government. 
In  the  United  States  it  is  a  general  rule  that  the  legislative 
department  shall  consist  of  representatives  elected  by  the 
people  for  short  terms.  The  legislature  does  not  sit  in  con- 
tinuous session,  but  adjourns  and  disperses  when  the  proper 
and  necessary  laws  have  been  made. 

The  English  parliament  as  originally  constituted  (1295) 
consisted  of  the  representatives  of  four  classes,  (1)  the 
nobility,  (2)  the  clergy,  (3)  the  knights,  or  representatives 
of  the  shires,  (4)  the  burgesses,  or  representatives  of  the 
towns.  Here  was  a  legislature  of  four  branches.  Before 
the  end  of  the  fourteenth  century  the  clergy  were  sitting 
and  voting  with  the  nobility,  and  the  knights  and  burgesses 
were  sitting  and  voting  together.  The  four  branches  were 
thus  reduced  to  two,  the  nobility  and  clergy  constituting 
the  House  of  Lords,  and  the  knights  and  burgesses  the 
House  of  Commons.  In  the  colonies  the  English  system  of 
a  bicameral  legislature  was  quite  generally  imitated.  Of 
the  States  formed  at  the  time  of  the  Revolution  only  three 
had  legislatures  of  a  single  branch.  At  the  present  time  the 
legislature  of  the  nation  (Congress)  and  the  legislatures 
of  all  the  States  and  those  of  some  of  our  cities  consist  of 
two  branches,  an  upper  and  a  lower  house.  The  upper 
house  (often  called  the  senate)  usually  consists  of  members 
^  For  exceptions  to  this  rule,  see  p.  220. 


THE  THREE  DEPARTMENTS  OF  GOVERNMENT   27 

who  are  older  than  members  of  the  lower  house,  and  who 
are  elected  for  longer  terms.  The  lower  house  is,  on  an 
average,  about  three  times  as  large  as  the  upper  house.  A 
measure  must  always  pass  both  houses  before  it  becomes  a 
law. 

Why  is  it  necessary  to  have  two  separate  bodies  of  men 
to  pass  a  law?  Experience,  which  has  taught  us  so  much 
about  government,  seems  to  decide  in  favor  of  two  houses. 
Legislatures  of  a  single  house  have  been  tried,  and  it  has 
been  found  that  they  do  not  always  act  with  sufficient  delib- 
eration. An  anecdote  related  of  Washington  teaches  very 
well  the  advantage  of  having  two  houses:  Jefferson  once, 
while  dining  with  Washington,  attacked  the  bicameral  sys- 
tem as  being  clumsy  and  mischievous.  Washington  defended 
the  American  plan.  "You  yourself,"  he  said,  "have  proved 
the  excellence  of  two  houses  this  very  moment."  "I?" 
said  Jefferson,  "how  is  that.  General?"  "You  have,"  re- 
plied Washington,  "turned  your  hot  tea  from  the  cup  into 
the  saucer  to  get  it  cool.  It  is  the  same  thing  we  desire  of  the 
two  houses. ' '  When  a  law  must  pass  in  two  branches  there 
is  an  opportunity  for  that  sober  second  thought  which  is 
so  valuable  in  every  sphere  of  action. 

The  Judiciary.  Violations  of  law  will  occur;  disputes  will 
arise  between  men  as  to  their  rights  under  the  law;  ques- 
tions as  to  the  meaning  and  scope  of  a  law  will  be  raised. 
The  power  of  trying  offenders  and  of  settling  controversies 
between  contending  parties  and  of  interpreting  the  mean- 
ing of  the  law  is  lodged  with  the  judicial  branch.  The  work 
of  the  judge  is  confined  to  the  cases  that  are  brought  before 
him.  If  no  cases  are  brought,  then  he  has  nothing  to  do. 
The  judges  are  usually  chosen  by  the  people,  although  they 
are  sometimes  appointed,  either  by  the  executive  or  by  the 
legislature.  Historically,  they  are  really  representatives  of 
the  people,  for  they  pronounce  the  justice  which  was  origi- 
nally dispensed  by  a  popular  assembly.  It  has  become  the 
practice  of  all  nations  to  select  for  the  judiciary  men  who 


28  THE  AMERICAN  GOVERNMENT 

are  skilled  in  the  law,  and  who  by  temperament  and  char- 
acter are  competent  to  render  just  and  lawful  decisions. 

The  Executive.  The  enforcement  of  the  laws  made  by  the 
legislature,  and  the  decisions  made  by  the  judiciary,  and 
the  preservation  of  peace  and  order  are  the  functions  of  the 
executive  branch.  In  this  department  reposes  the  physical 
force  of  the  state.  The  executive  has  at  its  command  armies 
and  navies  and  will  use  them  if  necessary.  In  republics  the 
chief  executive  officers  are  elected  by  the  people.  Executive 
power  in  modern  times  is  usually  vested  in  one  person — a 
president,  a  governor,  a  mayor,  a  prince,  a  king,  an  emperor. 
The  executive  very  frequently  has  the  power  of  vetoing  an 
act  of  the  legislature,  but  the  veto  usually  can  be  overcome 
by  a  two-thirds  vote.  The  veto  power  is  plainly  a  legisla- 
tive power. 

Independence  of  the  Departments.  Under  our  system  each 
of  the  departments  is  quite  absolute  in  its  sphere,  and  quite 
independent  of  the  other  two  departments.  If  one  depart- 
ment seems  to  another  department  to  be  going  wrong  the 
latter  will  refuse  to  cooperate  with  the  former,  and  thus 
obstruct  its  action.  Thus  if  the  legislature  passes  an  act 
which  in  the  distribution  of  powers  the  judiciary  thinks 
it  has  no  right  to  pass,  the  judiciary  may  hold  the  act  to  be 
null  and  void  as  soon  as  a  dispute  arising  under  the  act  is 
brought  before  it.  If  the  judiciary  presumes  to  exercise 
powers  that  do  not  properly  belong  to  it,  the  legislature  may 
by  appropriate  laws  check  the  usurpation.  If  the  execu- 
tive goes  strongly  counter  to  the  wishes  of  the  legislature 
the  latter  may  refuse  to  vote  the  money  that  is  necessary 
to  conduct  executive  business  and  thus  stop  the  wheels  of 
government.  Thus  by  a  system  of  nicely  balanced  powers 
and  effective  checks  the  independence  of  each  department  is 
secured. 

The   maintenance   of  this   system   of   "checks   and   bal- 
ances" is  a  perpetual  task  of  citizenship.     If  the  people 


THE  THREE  DEPARTMENTS  OF  GOVERNMENT   29 

are  not  vigilant  one  department  will  encroach  upon  another 
and  gather  to  itself  power  that  does  not  rightly  belong  to 
it.  "The  spirit  of  encroachment,"  said  Washington,  "tends 
to  consolidate  the  powers  of  all  the  departments  in  one,  and 
thus  to  create,  whatever  the  form  of  government,  a  real 
despotism."  As  long  as  human  nature  remains  what  it 
is  this  "spirit  of  encroachment"  will  be  present;  it  grows 
out  of  man's  inborn  love  of  power.  Grant  to  a  man  a 
certain  portion  of  power,  and  immediately  he  craves  a 
larger  portion.  This  disposition  of  one  department  to  en- 
croach upon  another  can  never  be  smothered,  but  it  can  be 
effectually  resisted.  Wlien  one  branch  encroaches  upon  an- 
other and  usurps  its  power,  it  does  so  simply  by  the  natural 
operation  of  a  superior  force,  and  there  is  only  one  power 
that  can  check  the  usurpation,  and  that  power  is  the  peo- 
ple themselves:  the  voters  can  restore  the  balance  by  refus- 
ing to  elect  usurpers. 

Although  this  independence  of  the  departments  is  a 
cherished  feature  of  American  government,  the  system  nev- 
ertheless has  some  drawbacks  and  disadvantages.  Sometimes 
one  department  by  asserting  its  independence  obstructs  the 
workings  of  the  entire  political  machine,  with  the  result  that 
the  government  is  robbed  of  its  strength  and  efficiency.  So 
far  is  this  true  that  many  students  of  political  science  have 
come  to  believe  that  we  shall  sooner  or  later  be  compelled  to 
abandon  the  old  plan  of  separating  power  and  substitute  a 
system  under  which  power  is  more  fully  centralized  and  con- 
solidated. This  view  has  already  found  expression  in  those 
cities  organized  under  the  commission  system  (p.  220),  where 
executive  and  legislative  powers  are  blended  in  one  body. 
Moreover,  in  several  States  serious  attempts  have  been  made 
to  lodge  the  executive  and  legislative  power  of  the  State  in 
a  single  body,  and  thus  establish  in  the  State  a  form  of  gov- 
ernment resembling  the  commission  system. 


30  THE  AMERICAN  GOVERNMENT 

QUESTIONS  ON  THE  TEXT 

1.  Name  the  three  departments  of  government  and  state  the  func- 
tions of  each. 

2.  What  division  of  governmental  power  was  made  in  ancient  times? 

3.  Give  an  account  of  the  growth  of  the  three- department  system 
in  England. 

4.  Give  an  account  of  the  three-department  system  in  the  United 
States. 

5.  What  are  the  powers  of  the  legislature? 

6.  Trace  the  development  of  the  bicameral  legislature  in  England. 

7.  Why  is  the  bicameral  system  better  than  other  systems? 

8.  What  powers  are  vested  in  the  judiciary? 

9.  What  are  the  powers  of  the  executive  department? 

10.  Explain  how  one  department  may  maintain  its  independence  with 
respect  to  the  other  two. 

11.  Why  is  one  department  likely  to  attempt  encroachment  upon  an- 
other?    Can  such  encroachment  be  prevented? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  State  to  which  of  the  three  departments  of  government  the  follow- 
ing functions  should  be  assigned:  (a)  The  bombardment  of  a  city  by 
a  fleet;  (&)  the  sale  of  property  for  debt;  (c)  the  execution  of  a  mur- 
derer; (d)  the  sentencing  of  a  thief;  (e)  the  ordering  of  taxes  to  be 
collected;  (/)  the  collection  of  taxes;  (g)  the  dispersal  of  a  mob;  (h) 
the  muzzling  of  dogs;  (i)  the  declaration  of  a  war;  (j)  the  arrest  of  a 
man  for  disorderly  conduct;  (Jc)  the  construction  of  a  bridge;  (1)  the 
regulation  of  the  descent  of  property;  (m)  the  settling  of  a  dispute  be- 
tween the  heirs  of  an  estate;  (n)  the  regulation  of  the  speed  of  auto- 
mobiles; (o)  the  determination  of  damages  for  injuries  received  in  an 
automobile  accident. 

2.  If  power  must  consolidate,  in  which  branch  do  you  prefer  that  it 
will  centre?     Give  your  reasons. 

3.  Write  a  description  of  an  ideal  judge. 

4.  Contrast  the  qualities  which  are  desirable  in  a  law-maker  with 
those  which  are  desirable  in  an  executive  officer. 

5.  Name  the  great  law-givers  of  history. 

6.  Name  several  of  the  great  executive  geniuses  of  history. 

7.  Would  it  be  wise  to  entrust  the  law-making  power  of  a  high  school 
to  the  pupils?  the  judicial  power?     Give  reasons  for  each  answer. 

8.  In  the  government  of  yourself  you  are  actuated  by  conscience, 
judgment,  and  will — which  of  these  is  legislative,  which  executive,  and 
which  judicial? 

9.  Name  the  officers  of  government  with  whom  you  are  acquainted, 
and  state  in  which  department  each  serves. 

A  Hint  on  Beading. — For  a  discussion  of  the  subject  of  this  lesson, 
see  Woolsey's  "Political  Science,"  Vol.  II,  258-347. 


CONSTITUTIONAL  GOVERNMENT 

Introductory.  A  government  may  have  all  the  characteris- 
tics thus  far  described,  it  may  be  democratic  in  form  and 
spirit,  it  may  be  thoroughly  representative,  it  may  have  the 
three  branches  clearly  separated,  and  still  there  may  be  no 
guarantee  that  civil  liberty  will  be  permanently  enjoyed. 
For  representatives  are  liable  to  abuse  power,  and  majorities, 
like  individuals,  in  moments  of  excitement  and  passion  are 
liable  to  choose  a  wrong  or  unjust  course  of  action.  Can 
there  be  ordained  a  power  that  will  lay  hold  of  our  law- 
makers and  judges  and  governors  and  say  to  them,  "Thus 
far  you  may  go,  and  no  farther"?  Can  the  people  place 
before  themselves  an  obstruction  to  hasty  and  unwise  action  ? 
Is  there  a  political  contrivance  that  will  protect  citizens 
from  both  the  tyranny  of  rulers  and  from  the  injustice  of 
majorities?  We  may  let  our  own  experience  answer  these 
questions. 

Charters.  At  the  time  when  the  English  people  were  bat- 
tling for  their  liberties  in  the  seventeenth  century,  colonies 
of  Englishmen  were  forming  in  America,  and  all  the  rights 
and  privileges  won  in  the  mother  country  were  claimed  by 
those  who  came  to  the  new  world.  Indeed  many  left  England 
that  they  might  enjoy  a  larger  freedom  in  America.  The 
new  comers  were  careful  from  the  beginning  to  throw  every 
safeguard  around  their  rights  as  Englishmen.  Each  colony 
had  a  written  document  called  a  charter,  which  described 
the  kind  of  government  it  was  to  have,  and  the  privileges  it 

31 


32  THE  AMERICAN  GOVERNMENT 

was  to  enjoy.  The  charter  of  Connecticut  is  especially  in- 
teresting to  students  of  government.  In  1639,  three  little 
towns  along  the  Connecticut  River  joined  to  form  the  colony 
of  Connecticut.  The  people  of  the  colony  framed  an  out- 
line of  the  kind  of  government  they  wanted,  and  the  plan, 
having  been  accepted  by  the  king,  remained  the  fundamental 
law  of  Connecticut  until  1818.  This  is  the  first  example  in 
the  history  of  the  world  of  a  government  being  successfully 
conducted  according  to  the  words  of  a  written  document. 

The  colonial  charters,  whether  granted  directly  by  the 
king — as  most  of  them  were — or  prepared  by  the  people, 
were  pledges  of  the  good  faith  of  the  home  government,  and 
as  such  they  were  held  in  the  highest  esteem  by  the  colonies. 
A  colony  looked  upon  its  charter  as  the  written  guarantee 
of  its  liberties,  just  as  an  owner  of  property  looks  upon  his 
deed  as  giving  him  a  title  to  his  house  or  farm.  When  the 
king  or  his  officers  became  oppressive  or  unjust  the  people 
pointed  to  their  charter  as  their  defense.  Upon  one  occa- 
sion the  king,  wishing  to  deprive  Connecticut  of  its  rights, 
sent  an  officer  after  its  charter,  but  the  people  frustrated  the 
plan  by  hiding  the  precious  document  in  the  hollow  of  a  tree. 
They  felt  that  as  long  as  they  could  keep  their  charter  they 
were  safe. 

Under  their  charters  the  colonies  grew  and  prospered,  each 
colony  developing  in  its  own  way  and  making  its  own  laws. 
Each  colony  was  independent  of  all  the  others,  but  all  were 
dependent  upon  Great  Britain.  Since  the  charters  were  not 
all  alike,  the  several  governments  of  the  colonies  differed 
from  each  other,  but  since  the  charters  all  issued  from  the 
same  source,  and  since  the  laws  of  England  applied  to  all 
the  colonies  alike,  the  government  of  one  colony  could  not 
differ  very  widely  from  that  of  another. 

Constitutions.  "When  the  colonies  separated  from  Great 
Britain  and  became  independent  States  the  old  charters  of 
course  lost  their  validity,  for  there  was  no  king  to  stamp 
them  with  authority.    The  people  saw  at  once  that  they  must 


CONSTITUTIONAL  GOVERNMENT  33 

be  their  own  king  and  make  their  own  charters.  As  rapidly 
as  possible  each  of  the  new  States  drew  up  for  itself  a  char- 
ter which  recognized  the  people  as  the  source  of  authority 
in  government.  A  new  name  was  given  to  this  new  instru- 
ment. Instead  of  its  being  called  a  charter  it  was  called  a 
constitution.  This  constitution  was  to  be  the  foundation 
plan  and  framework  upon  which  the  governmental  structure 
was  to  be  built.  Of  course  each  new  constitution  was  quite 
similar  to  the  charter  which  it  supplanted.  For  a  State  to 
have  planned  for  a  government  quite  unlike  the  one  to  which 
the  people  were  accustomed  would  have  been  to  commit  a 
grave  political  error.  A  government  that  is  new  and  strange 
is  not  likely  to  receive  the  confidence  and  respect  of  the  peo- 
ple, no  matter  how  wise  and  beneficent  may  be  its  provisions. 
The  statesmen  of  1776,  therefore,  made  the  new  State  con- 
stitutions conform  as  closely  as  possible  to  the  colonial  char- 
ters. Connecticut  and  Rhode  Island  experienced  no  change 
at  all  in  passing  from  colony  to  State.  They  simply  substi- 
tuted the  word  "people"  for  the  word  "king"  in  their 
charters,  and  these  became  their  constitutions. 

After  they  had  established  their  independence  the  States 
found  that  it  was  necessary  to  unite  and  form  a  central  gov- 
ernment. The  powers  of  this  central  government  were  ex- 
pressed in  the  Constitution  of  the  United  States.  The  his- 
tory and  nature  of  this  great  document  will  be  given  here- 
after. It  is  sufficient  here  to  say  that  the  Constitution  ^  of 
the  United  States  is  our  fundamental  law.  We  have  had 
occasion  to  refer  to  it  heretofore,  and  throughout  our  work 
we  shaU  refer  to  it  constantly,  and  as  we  advance  we  shall 
learn  more  and  more  of  its  authority  and  influence  in  our 
political  life. 

Each  of  the  States  that  have  been  admitted  into  the  Union 
under  the  Constitution  (118)  has  followed  the  example 
of  the  original  States,  and  has  framed  a  constitution  for 
itself.    Every  State,  therefore,  and  the  United  States  as  well, 

^  In  this  book  when  the  word  ' '  constitution ' '  begins  with  a  capital 
letter  the  Constitution  of  the  United  States  is  meant. 


34  THE  AMERICAN  GOVERNMENT 

has  a  written  constitution  as  its  fundamental  law.  Cities 
likewise  are  governed  by  charters  (p.  75)  which  in  some 
respects  are  like  written  constitutions.  Thus  government  in 
America  is  everywhere  conducted  according  to  the  written 
word ;  it  is  everywhere  constitutional. 

General  Features  of  a  Constitution.  The  special  provisions 
of  constitutions  will  receive  notice  from  time  to  time  as  we 
proceed.  At  present  it  is  necessary  to  call  attention  only  to 
their  broad  features.  The  strong  resemblance  which  the 
forty-eight  constitutions  of  the  States  bear  to  one  another 
and  to  the  Constitution  of  the  United  States  makes  it  possible 
to  describe  all  in  outline  by  describing  one  in  outline.  The 
essentials  of  a  constitution  are : 

(1)  A  preamhle  (1)  stating  the  general  purpose  for  which 
the  government  is  instituted. 

(2)  A  Bill  of  Rights  guaranteeing  to  the  people  repub- 
lican principles  of  government,  personal  security,  private 
property,  freedom  of  conscience,  freedom  of  speech  and  of 
the  press,  and  other  fundamental  rights  of  citizenship. 

(3)  Provisions  for  the  organization  of  the  three  depart- 
ments of  government,  and  a  description  of  the  powers  to  be 
exercised  by  each. 

(4)  Miscellaneous  provisio7is  relating  to  such  topics  as 
municipalities,  corporations,  public  debt,  education,  taxa- 
tion, suffrage,  amendments,  revisions. 

(5)  A  schedule  describing  how  and  when  the  constitution 
shall  go  into  effect. 

How  Constitutions  Obtain  Their  Authority.  The  first  Amer- 
ican constitutions  were  promulgated  in  the  name  of  the  peo- 
ple, yet  they  were  not  as  a  rule  the  direct  creations  of  the 
people.  The  statesmen  of  1776  did  not  have  a  very  strong 
faith  in  the  wisdom  of  the  people,  and  were  not  quite  will- 
ing to  submit  a  fundamental  law  to  a  popular  vote.  As 
democracy  grew  more  fashionable,  and  as  the  people  came  to 


CONSTITUTIONAL  GOVERNMENT  35 

be  more  fully  recognized  as  the  real  masters  of  government, 
the  custom  of  submitting  constitutions  to  voters  for  their 
approval  became  general.  At  the  present  time  a  constitution 
is  usually  ratified  by  the  people  at  the  polls  before  it  is 
put  into  operation.  This  popular  ratification  clothes  the 
constitution  with  all  the  authority  that  a  law  can  possibly 
have,  for  it  is  a  law  passed  by  the  people  themselves  acting 
as  legislators.  A  constitution,  therefore,  is  a  solemn  and 
deliberate  expression  of  the  popular  will,  and  as  such  it  is 
a  fixed,  permanent  law  which  all  the  branches  of  a  govern- 
ment must  obey.  If  the  legislature  should  pass  a  law  con- 
flicting with  the  provisions  of  the  constitution,  such  a  law 
would  cease  to  have  effect  if  it  should  be  tested  in  the  courts 
and  should  be  declared  unconstitutional;  and  if  a  judge  or 
the  executive  should  act  in  violation  of  the  constitution, 
such  action  would  be  illegal  and  possibly  punishable. 

The  Amendment  and  Revision  of  Constitutions.  Although 
a  constitution  is  a  fixed,  unchanging  law,  it  may  not  re- 
main unchanged  and  unchangeable  forever.  A  provision 
in  a  constitution  which  was  wise  and  just  fifty  years  ago 
may  be  harmful  now.  Every  constitution  recognizes  this 
fact,  and  provides  for  making  changes,  when  these  may  seem 
necessary.  These  changes  or  amendments  are  effected  in 
various  ways,  the  usual  procedure  being  as  follows :  ^  the 
amendment  that  is  thought  to  be  desirable  first  passes  the 
legislature  of  the  State  and  is  then  submitted  to  the  people 
for  their  approval.  If  it  receives  the  required  number  of 
votes  it  becomes  a  part  of  the  constitution.  An  amend- 
ment, it  will  be  seen,  is  simply  a  law  passed  by  the 
people  and  placed  in  the  constitution;  but  it  is  a  law  that 
cannot  be  repealed  by  the  legislature. 

Constitutions  provide  not  only  for  their  own  amendment, 
but  also  for  their  own  complete  revision.    They  provide  for 

^In  a  number  of  States  amendments  are  secured  through  the  opera- 
tion of  the  initiative  and  referendum  (p.  167).  For  the  method  of 
amending  the  Constitution  of  the  United  States  see  page  53. 


36  THE  AMERICAN  GOVERNMENT 

the  calling  of  a  constitutional  convention,  which  shall  have 
power  to  revise  the  old  constitution  and  frame  a  new  one. 
A  general  revision  of  a  State  constitution  is  usually  ac- 
complished in  the  following  way:  The  legislature  submits 
to  the  people  the  question  whether  or  not  a  convention  shall 
be  called  to  frame  a  new  constitution.  In  several  States 
this  question  must  be  submitted  to  the  voters  every  twenty 
years ;  in  Michigan  it  must  be  submitted  every  sixteen  years ; 
in  Iowa  every  ten  years.  If  the  vote  is  in  favor  of  a  con- 
vention, delegates  are  elected,  and  the  work  of  revision 
begins.  It  is  the  custom  to  submit  the  revised  constitution 
to  the  people  for  their  approval,  although  this  is  not  always 
done. 

Whatever  may  be  the  regulation  for  amendment  and  re- 
vision the  constitution  cannot  be  suddenly  altered.  Usu- 
ally two  or  three  years  must  elapse  before  a  proposed  change 
can  be  fully  effected.  This  necessary  delay  has  its  disadvan- 
tages, but  upon  the  whole  it  results  in  good.  It  gives  time 
for  discussion  and  reflection.  A  constitution  would  not  be 
worthy  of  its  name  if  caprice  or  passion  could  change  it 
in  a  day. 

Constitutions  the  Safeguard  of  Liberty.  We  may  now  an- 
swer the  questions  asked  at  the  beginning  of  this  chapter: 
The  people  may  protect  themselves  from  themselves,  and 
from  their  rulers,  by  means  of  a  constitutional  government. 
They  may  formally  and  solemnly  declare  their  will  in  a 
written  constitution,  and  demand  that  government  be  con- 
ducted according  to  the  terms  of  this  document.  When  a 
person  maps  out  for  himself  a  course  of  right  conduct,  and 
rigidly  abides  by  the  rviles  he  makes  for  himself,  he  is  a  free 
and  self-governing  being;  and  likewise,  if  a  people  will  im- 
pose upon  themselves  a  fundamental  law,  a  constitution, 
and  will  abide  faithfully  by  its  terms,  civil  liberty  and  self- 
government  will  be  assured. 


CONSTITUTIONAL  GOVERNMENT  37 

QUESTIONS  ON  THE  TEXT 

1.  What  was  a  colonial  charter? 

2.  Give  an  account  of  the  first  charter  of  Connecticut. 

3.  What  place  did  the  charter  occupy  in  the  political  life  of  the 
colony  ? 

4.  How  did  the  charters  become  constitutions? 

5.  To  what  extent  are  written  constitutions  employed  in  the  United 
States? 

6.  What  are  the  general  features  of  a  written  constitution? 

7.  From  what  source  does  a  constitution  obtain  its  authority? 

8.  How  may  a  constitution  be  amended? 

9.  How  may  a  new  constitution  be  secured? 

10.  Show  that  constitutional  government  is  a  safeguard  of  liberty. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  What  is  the  derivation  of  the  word  charter?  constitution? 

2.  Compare  the  constitution  of  your  State  in  outline  with  the  out- 
line indicated  in  the  text. 

3.  Give  briefly  the  constitutional  history  of  your  State,  stating  when 
the  first  constitution  was  adopted,  what  revisions  have  been  made,  the 
date  of  the  adoption  of  the  present  constitution  and  the  amendments 
that  have  been  added. 

4.  Mr.  Bryce,  an  Englishman,  imagines  that  the  American  people 
could  govern  themselves  without  written  constitutions.  Give  reasons 
why  an  American  would  hardly  be  able  to  imagine  such  a  thing. 

5.  Explain  fully  the  following  sentence:  The  United  States  is  a 
democratic,  representative,  constitutional  republic. 

6.  Is  it  generally  understood  that  the  constitution  of  your  State 
needs  revision  or  amendment?  If  so,  how  may  it  be  revised?  How 
may  it  be  amended? 

7.  Draw  up  a  constitution  for  the  government  of  a  debating  society. 
(In  preparing  this  exercise  remember  that  a  constitution  describes  only 
the  outline  of  government,  and  states  only  general  principles.) 

8.  Would  it  be  wise  for  your  State  to  exchange  constitutions  with 
a  neighboring  State?    Give  reasons  for  your  answer. 

Topics  for  Special  Worh. — Contents  of  State  Constitutions:  2,  306- 
316.  The  Written  and  Unwritten  Constitution:  5,  10-13;  192-193;  30, 
51-55.    How  the  Colonies  were  Governed:    6,  36-51. 


VI 

FEDERAL  GOVERNMENT 

The  Different  Kinds  of  Political  Unions.  An  alliance  is 
an  agreement  between  two  or  more  sovereign  states  to  co- 
operate in  the  accomplishment  of  some  mutually  desirable 
purpose.  A  state  entering  into  an  alliance  does  not  surren- 
der or  impair  its  sovereignty.  Since  an  alliance  may  be 
dissolved  at  the  pleasure  of  any  of  the  contracting  parties, 
it  is  the  weakest  of  all  political  unions.  Another  kind  of 
union  between  states  is  the  confederation  or  league.  A  con- 
federation is  formed  by  two  or  more  states  uniting  and  es- 
tablishing a  central  government,  vesting  it  with  certain 
powers,  but  withholding  from  it  the  right  of  exercising  au- 
thority over  individuals.  In  exercising  its  power  the  cen- 
tral government  of  a  confederation  must  operate  through 
the  agency  of  the  states  which  compose  the  union.  The 
confederation,  therefore,  is  a  "band  of  states"  {Staaten- 
lund)  united  more  firmly  than  they  would  be  by  an  alliance, 
but  not  so  closely  and  so  intimately  as  to  form  an  inde- 
structible and  indivisible  union. 

The  strongest  of  all  political  associations  is  the  federal 
union.  In  the  federal  union  the  uniting  states  establish 
a  central  (federal)  government  which  is  independent  of 
themselves,  and  which  operates  with  organs  of  its  own,  its 
power  extending  even  to  individuals.  In  the  formation  of 
the  federal  union,  or  the  federal  state,  as  it  may  very  prop- 
erly be  called,  the  federal  government  is  made  sovereign, 
in  respect  to  matters  which  concern  all  the  states  taken 
collectively,  while  each  separate  state  retains  its  sovereignty 
in  respect  to  those  matters  which  concern  only  itself.     The 

38 


FEDERAL  GOVERNMENT  39 

federal  principle  is  an  outgrowth  of  the  representative 
principle,  and  federal  government  is  the  latest  important 
development  in  political  science. 

The  Complexity  of  American  Government.  The  United 
States  is  a  federal  republic,  and  its  government  is  compli- 
cated and  difficult  to  understand.  Under  our  system  au- 
thority flows  from  two  sources:  we  have  one  government 
of  the  nation  and  another  government  of  the  State ;  we  have 
two  constitutions  and  two  sets  of  laws  to  be  obeyed,  and 
two  sets  of  officers  to  enforce  the  laws ;  we  have  forty-eight 
States  working  side  by  side,  each  attending  to  its  own  af- 
fairs in  its  own  way,  and  over  and  through  and  in  all  these 
States  there  is  the  federal  government  attending  to  the 
affairs  of  the  nation.  How  is  this  twofold  authority  pos- 
sible? How  can  a  person  serve  two  masters?  Suppose 
the  federal  government  should  command  what  the  State 
forbids,  which  shall  be  obeyed?  Where  is  the  line  which 
divides  the  authority  of  the  federal  government  from  the 
authority  of  the  State  ?  Such  questions  as  these  early  force 
themselves  upon  the  student  of  American  government.  We 
may  best  approach  the  task  of  answering  them  by  taking 
a  glance  at  history. 

The  Growth  of  Federalism  in  America.  The  American 
union  as  we  see  it  to-day  is  the  result  of  nearly  three  cen- 
turies of  political  association  of  colony  with  colony  and 
State  with  State.  The  story  of  our  union  properly  begins 
with  an  account  of  the  New  England  Confederation.  In 
1643  commissioners  from  Massachusetts  Bay,  Connecticut, 
New  Haven,  and  Plymouth  met  and  resolved : 

Whereas  we  live  encompassed  by  seuerall  Nations  and  Strang  lan- 
guages which  hereafter  may  proue  injui'ious  to  vs  or  our  posteritie,  and 
forasmuch  as  the  Natives  have  formerly  committed  sondry  insolences 
and  outrages  vpon  seuerall  plantacons  of  the  English  .  .  .  wee  there- 
fore doe  conceiue  it  our  bounden  Dutye  without  delay  to  enter  into  a 
present  consotiation  amongst  ourselues  for  mutual  help  and  strength  in 
all  our  future  concernments. 


40  THE  AMERICAN  GOVERNMENT 

The  "concernments"  were  the  encroachments  of  the  Dutch 
and  the  ravages  of  the  Indians.  Each  colony  was  repre- 
sented by  two  commissioners.  The  Confederation  had  fuU 
power  to  determine  all  matters  relating  to  peace  and  war. 
The  league  fulfilled  the  purposes  for  which  it  was  formed 
and  dissolved  in  1684.  It  lasted  long  enough  and  accom- 
plished enough  to  show  to  the  colonies  the  great  benefit  of 
union,  and  the  lesson  it  taught  was  never  forgotten. 

In  1754,  when  the  colonists  were  hard  pressed  by  the 
French  and  Indians,  delegates  from  seven  colonies  met  at 
Albany  and  agreed  upon  a  Plan  of  Union  drawn  up  by  Ben- 
jamin Franklin,  whose  long  life  was  devoted  to  the  cause 
of  union.  The  plan  proved  to  be  acceptable  neither  to  the 
people  of  the  colonies  nor  to  the  English  government,  and 
the  work  of  the  Albany  convention  came  to  naught. 

In  1765,  nine  colonies  sent  delegates  to  the  Stamp 
Act  Congress  that  met  in  New  York  to  protest  against 
the  unjust  and  oppressive  acts  of  England.  This  Con- 
gress was  so  vigorous  in  its  declaration  of  American 
rights  and  so  thoroughly  animated  by  the  spirit  of  coop- 
eration that  it  has  been  called  the  "day-star  of  American 
Union." 

We  see  how  the  idea  of  union  was  enlarging.  In  the 
confederation  of  1643  four  colonies  joined;  in  the  Albany 
convention  seven  were  represented;  in  the  Stamp  Act  Con- 
gress nine.  In  1774,  a  Congress  of  delegates  from  twelve 
colonies  met  at  Philadelphia,  and  after  making  a  declara- 
tions of  rights,  recommended  a  cessation  of  trade  with  Eng- 
land, commended  Massachusetts  for  opposing  the  oppressive 
acts  of  Parliament,  and  resolved  that  all  the  colonies  ought 
to  support  her  in  her  resistance.  As  the  union  grew  larger 
the  colonists  grew  more  determined  and  aggressive.  In  1775, 
a  Continental  Congress  of  delegates  from  all  the  colonies 
met  in  Philadelphia. 

The  Congresses  before  1775  had  merely  talked  and  peti- 
tioned and  passed  resolutions.  The  Continental  Congress 
of  1775  began  at  once  to  act  like  a  real  government.    It  took 


FEDERAL  GOVERNMENT  41 

charge  of  those  matters  that  were  of  general  rather  than  of 
local  concern.  It  assumed  command  of  the  army  that  had 
been  put  into  the  field;  it  took  charge  of  foreign  affairs,  it 
issued  a  currency;  it  managed  the  post-office.  The  ques- 
tion of  its  right  to  do  these  things  was  not  raised.  It  did 
the  things  it  thought  the  people  wished  it  to  do.  Thus  in 
1776  it  thought  the  people  of  the  colonies  wished  a  separation 
from  the  mother  country.  To  make  sure  that  it  was  not 
wrong  in  this  opinion,  it  adjourned  in  order  that  the  dele- 
gates might  go  back  to  their  homes  and  learn  the  exact  state 
of  public  sentiment.  Upon  reassembling,  Congress,  con- 
vinced that  the  people  were  ready  for  a  separation,  on  July 
4,  1776,  declared  the  colonies  free  and  independent  States, 
absolved  from  all  allegiance  to  the  British  Crown. 

The  Articles  of  Confederation.  Wtile  Congress  was  medi- 
tating independence  it  was  also  considering  plans  for  bring- 
ing all  the  colonies  under  one  regular,  permanent  govern- 
ment. Franklin,  in  1775,  submitted  a  plan  of  confederation, 
but  it  was  not  adopted.  In  1776,  John  Dickinson  reported 
a  plan,  which  in  1777  was  adopted  as  the  "Articles  of  Con- 
federation." These  articles  were  submitted  to  the  States 
for  their  approval,  and  in  March,  1781,  having  been  ratified 
by  all  the  States,  they  became  the  framework  for  a  new 
government  for  the  United  States. 

The  government  established  by  the  Articles  was  a  con- 
federation. Its  sole  organ  of  authority  was  a  legislature 
of  one  house,  called  a  Congress,  presided  over  by  a  president 
elected  by  members  from  their  own  number.  A  State  could 
not  send  less  than  two  delegates  nor  more  than  seven  to 
the  Congress ;  but  whatever  the  number  of  delegates,  a  State 
had  but  one  vote,  determined  by  a  majority  of  its  dele- 
gates present.  Voting  was,  therefore,  done  by  States,  and 
it  required  the  votes  of  nine  States  to  carry  any  important 
measure.  Any  alterations  in  the  Articles  had  to  be  agreed 
to  by  Congress  and  afterward  confirmed  by  the  legislatures 
of  all  the  States,  a  provision  that  made  amendment  prac- 


42  THE  AMERICAN  GOVERNMENT 

tically  impossible.     The  most  important  powers  committed 
to  the  new  government  were: 

(1)  To  determine  questions  of  peace  and  war. 

(2)  To  enter  into  treaties  and  alliances. 

(3)  To  send  and  receive  ambassadors. 

(4)  To  make  rules  governing  captures  on  land  and  water. 

(5)  To  decide,  upon  appeal,  disputes  between  two  States 
concerning  boundaries. 

(6)  To  determine  the  value  of  current  coin. 

(7)  To  manage  Indian  affairs. 

(8)  To  establish  and  regulate  post-offices. 

(9)  To  appoint  naval  officers  and  the  higher  grades  of 
army  officers. 

The  States,  while  bestowing  these  powers  upon  the  con- 
federated government,  expressly  denied  the  same  powers  to 
themselves,  and  pledged  themselves  to  abide  by  the  decisions 
of  Congress  in  all  matters  submitted  to  it  for  determination. 
Congress  could  in  no  case  bring  its  power  to  bear  upon 
the  individual  citizen,  nor  had  it  any  means  at  its  command 
to  compel  the  obedience  of  a  State.  By  the  terms  of  the 
Articles,  each  State  was  to  retain  its  sovereignty,  freedom 
and  independence,  and  every  power,  jurisdiction  and  right. 

The  Articles  did  not  really  create  a  new  form  of  union. 
They  simply  described  the  central  government  as  it  was 
constituted  and  conducted  by  the  Continental  Congress  at 
the  time  of  their  adoption.  The  powers  granted  to  the  new 
Congress  were  almost  precisely  those  which  the  Continental 
Congress  had  been  exercising  since  1775,  and  these  were 
chiefly  powers  relating  to  war  and  to  foreign  affairs.  Be- 
fore 1781  Congress  was  guided  by  unwritten  law,  by  custom, 
by  public  opinion  and  consideration  for  the  public  safety; 
after  1781  it  was  guided  by  a  written  constitution,  the 
Articles  of  Confederation. 

The  government  provided  by  the  Articles  was  fatally  de- 
fective in  organization,  if  it  can  be  said  to  have  had  an 
organization  at  all.  It  had  no  executive  branch  and  no 
judicial  branch,  and  as  a  legislature  it  was  bad,  for  it  was 


FEDERAL  GOVERNMENT  43 

one  of  a  single  house.  All  the  powers  were  united  in  one 
body.  Such  a  government  must  either  rule  like  a  tyrant  or 
it  must  collapse. 

As  long  as  the  war  with  England  continued  the  Articles 
of  Confederation  rendered  valuable  service,  but  when  peace 
came,  and  common  danger  no  longer  spurred  the  States  to 
united  action,  it  was  soon  seen  that  they  were  a  rope  of 
sand.  It  was  seen  that  Congress  ' '  could  make  and  conclude 
treaties,  but  could  not  recommend  the  observance  of  them. 
It  could  appoint  ambassadors,  but  could  not  defray  the  ex- 
penses of  their  tables.  It  could  borrow  money,  but  could 
not  pay  a  dollar.  It  could  coin  money,  but  could  not  pur- 
chase an  ounce  of  bullion.  It  could  make  war  and  deter- 
mine what  troops  were  necessary,  but  could  not  raise  a 
single  soldier.  In  short,  it  could  declare  everything,  but  do 
nothing."  It  could  not  do  what  every  useful  government 
must  be  able  to  do :  it  could  not  secure  obedience  to  its  laws. 
It  could  not  reach  the  individual,  and  it  would  have  been 
folly  to  have  attempted  to  enforce  its  laws  against  a  State. 

As  a  result  of  its  inherent  weakness  the  Confederation 
soon  fell  into  a  deplorable  condition.  Solemn  treaties  were 
violated,  debts  were  repudiated,  worthless  paper  money  was 
issued,  State  quarreled  with  State.  Disregard  for  the  laws 
of  Congress  was  naturally  followed  by  a  contempt  for  the 
laws  of  the  State.  In  several  States  courts  were  broken  up 
by  armed  mobs,  and  rebellion  threatened  the  very  existence 
of  government.  Congress  sank  to  such  a  condition  of  in- 
efficiency and  feebleness  that  it  lost  the  respect  of  the  coun- 
try. On  one  occasion  it  was  chased  from  its  place  of  meet- 
ing by  a  handful  of  drunken  soldiers  clamoring  for  their 
pay.  Things  went  rapidly  from  bad  to  worse,  and  it  be- 
came plain  as  early  as  1785  that  the  Confederation  was  on 
the  verge  of  a  collapse. 

QUESTIONS  ON  THE  TEXT 

1.  Define  alliance;  confederation. 

2.  What  is  a  federal  union?    In  what  respect  does  a  federal  union 
differ  from  a  confederation? 


44  THE  AMERICAN  GOVERNMENT 

3.  What  difficult  questions  arise  in  the  study  of  federal  government? 

4.  Describe  the  New  England  Confederation. 

5.  What  step  toward  union  was  taken  in  1754? 

6.  What  was  the  object  of  the  Stamp  Act  Congress? 

7.  Describe  the  first  Continental  Congress. 

8.  What  were  some  of  the  things  done  by  the  second  Continental 
Congress? 

9.  Describe  the  Confederation  of  1781.     What  were  the  most  im- 
portant powers  of  the  Confederation? 

10.  Point  out  the  defects  of  the  Confederation. 

11.  Give  an  account  of  the  decline  and  faU  of  the  Confederation. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  What  is  the  derivation  of  the  word  federal? 

2.  Name  the  great  federal  governments  of  the  earth. 

3.  Make  out  a  list  of  powers  that  should  be  granted  to  a  federal 
government. 

4.  Give  an  account  of  the  federal  government  in  Ancient  Greece. 

5.  Name  some  of  the  great  alliances  of  the  past.  What  great  alli- 
ances exist  at  present?    What  is  an  entente? 

6.  What  does  the  individual  State  lose  by  entering  into  a  federal 
union?     What  does  it  gain? 

7.  Give  an  account  of  the  services  of  Benjamin  Franklin  in  the  cause 
of  American  Union. 

8.  Prepare  a  five-minute  paper  on  ' '  The  Dark  Days  of  the  Confedera- 
tion."     Consult  Fiske's  "Critical  Period  of  American  History." 

9.  Indicate  the  growth  of  federalism  in  America  by  reproducing  the 
accompanying  diagram. 

Topics  for  Special  WorTc. — The  Articles  of  Confederation:  5,  80-87. 
The  Formation  of  the  Union:  6,  69-72.  Defects  in  the  Articles  of 
Confederation:  30,  39-44. 


1781 

AETIGLES  OF 

CONFEDERATION 


1776 

DECLARATION  OF 

INDEPENDENCE 


SECOND  CONTINENTAL 

CONGRESS.     1775 
(Thirteen  Colonies) 


FIRST  CONTINENTAL  CONGRESS 
1774.      (Twelve  Colonies) 


1765.     STAMP  ACT  CONGRESS.     (Nine  Colonies) 


1754.     THE  ALBANY  CONVENTION.      (Seven  Colonies) 


1643.  THE  NEW  ENGLAND  CONFEDERATION.    (Four  Colonies) 


VII 

THE  DISTRIBUTION  OF  POWERS 

Efforts  to  Strengthen  the  Confederation.  Thoughtful  men 
viewed  the  approaching  downfall  of  the  Confederation  with 
alarm.  They  saw  that  if  the  union  of  the  States  were  dis- 
solved, and  each  State  should  assume  complete  and  undis- 
puted sovereignty,  the  fruits  of  independence  would  be 
most  bitter.  "With  thirteen  nations  instead  of  one,  the  coun- 
try would  be  the  easy  prey  of  foreign  invaders,  sectional 
interests  would  jostle  each  other  and  bring  State  into  con- 
flict with  State,  commerce  between  the  States  would  be 
shackled,  and  all  the  social,  moral,  and  intellectual  advan- 
tages which  flow  from  union  would  be  lost. 

Before  it  was  too  late  men  like  Washington  and  Hamilton 
and  Franklin  came  forward  with  measures  designed  to 
strengthen  the  union.  In  1785  commissioners  from  Mary- 
land and  Virginia  met  at  Washington's  home  at  Mount 
Vernon  to  adjust  some  matters  of  interstate  navigation. 
At  this  meeting  Washington  suggested  that  the  two  States 
ought  to  enter  into  an  agreement  as  to  the  regulation  of 
interstate  commerce  in  all  particulars.  The  discussion  fol- 
lowing this  suggestion  showed  that  if  there  was  to  be  any 
useful  regulation  of  commerce  between  the  States  all  the 
States  must  join.  Accordingly  all  the  States  were  invited 
to  appoint  commissioners  to  discuss  the  matter.  In  response 
to  this  invitation  five  of  the  thirteen  States  met  at  Annapolis 
in  1786.  This  representation  was  considered  too  small  and 
the  meeting  adjourned  without  attempting  anything.     Be- 

46 


THE  DISTEIBUTION  OF  POWERS  47 

fore  adjourning,  however,  it  recommended  that  a  convention 
of  all  the  States  be  held  at  Philadelphia  in  May,  1787,  "to 
take  into  consideration  the  situation  of  the  United  States, 
to  devise  such  further  provisions  as  shall  appear  necessary 
to  render  the  constitution  of  the  federal  ^  government  ade- 
quate to  the  exigencies  of  the  times."  Congress,  seeing  the 
drift  of  affairs,  adopted  the  idea  of  holding  a  general  con- 
vention, and  resolved  that  it  was  expedient  that  in  May,  1787, 
one  be  held  at  Philadelphia  ' '  for  the  sole  and  express  purpose 
of  revising  the  Articles  of  Confederation." 

The  Constitutional  Convention  of  1787.  All  the  States 
responded  to  the  call,  excepting  Ehode  Island.  The  men 
sent  to  the  Convention  were  the  ablest  and  wisest  in 
America.  They  represented  conflicting  interests,  and  dif- 
fered widely  among  themselves  in  their  views  of  government, 
but  they  were  capable  of  placing  the  public  good  above  self- 
ish considerations.  They  had  not  proceeded  far  with  their 
work  before  they  saw  that  a  mere  revision  of  the  Articles  of 
Confederation  would  not  bring  relief  to  the  country.  If 
union  was  to  be  anything  more  than  a  name  there  must 
be  a  central  government  clothed  with  substantial  power. 
Instead  of  continuing  the  Confederation,  which  was  avow- 
edly a  mere  "league  of  friendship"  in  which  the  exercise 
of  power  depended  upon  the  States,  the  men  of  the  Conven- 
tion bravely  decided  to  frame  a  Constitution  for  a  real 
federal  government,  one  which  should  have  its  three  de- 
partments conducted  by  its  own  officials,  and  which  should 
be  independent  of  the  State  in  the  exercise  of  its  powers. 
The  proposed  government  was  to  reach  the  individual,  make 
laws  for  him,  take  money  out  of  his  pocket  for  taxes,  and 
judge  and  punish  him  if  he  violated  its  laws. 

The  framework  of  the  new  government  was  agreed  to 
after  a  most  serious  and  thorough  discussion,  and  was  sub- 

^  The  Confederation  was  frequently  called  a  federal  government.  In 
1787  men  had  not  yet  learned  to  distinguish  clearly  between  a  federal 
and  a  confederated  government. 


48  THE  AMERICAN  GOVERNMENT 

mitted  in  September,  1787,  to  the  people  of  the  States  as 
a  ''Constitution  for  the  United  States  of  America."  If 
ratified  by  nine  States  (129)  the  new  Constitution  was  to 
go  into  operation.  Its  adoption  was  opposed  fiercely  by 
those  who  did  not  believe  in  a  strong  central  government, 
but  its  friends  were  stronger  than  its  enemies,  and  by  July, 
1788,  it  had  been  ratified  by  eleven  States,  North  Carolina 
and  Rhode  Island  withholding  their  consent.  In  1789  the 
new  government  was  organized  in  New  York  with  Washing- 
ton as  President. 

The  Constitution  of  1787  is  a  distinct  political  creation. 
True,  the  framers  drew  upon  the  political  experiences  of  the 
past,  and  true,  they  received  hints  from  existing  State  gov- 
ernments, but  we  must  remember  that  the  task  that  lay 
before  them  was  the  building  of  a  federal  government,  and 
in  planning  for  a  federal  structure  they  were  thrown  on 
their  own  resources,  for  they  had  no  adequate  model  from 
which  to  copy.  The  federal  temple  which  they  reared  was 
an  original  political  creation.  To  refuse  to  admit  this  be- 
cause they  availed  themselves  of  the  political  experiences 
of  the  past  would  be  almost  as  unreasonable  as  it  would  be 
to  refuse  to  call  St.  Peter's  a  creation  because  in  planning 
for  it  Angelo  availed  himself  of  the  architectural  experience 
of  the  past.  When  we  consider  the  magnitude  and  the  dif- 
ficulties of  the  task  which  lay  before  the  statesmen  of  the 
Convention  of  1787 — thirteen  jealous,  proud,  and  inde- 
pendent States  to  be  brought  under  one  strong  federal  power, 
warring  interests  of  sections  to  be  reconciled,  a  lawless  and 
chaotic  condition  of  affairs  in  the  Union  to  be  safely  tided 
over,  a  turbulent  and  distrustful  public  opinion  to  be  faced, 
problems  connected  with  the  government  of  unorganized 
communities  in  the  west  and  southwest  to  be  solved — when 
we  consider  the  nature  of  this  task,  and  contemplate  the 
success  which  followed  their  efforts,  we  can  understand 
Gladstone  when  he  says  that  ''their  work  was  the  most 
wonderful  ever  struck  off  at  a  given  time  by  the  brain  and 
purpose  of  man." 


THE  DISTRIBUTION  OF  POWERS  49 

How  the  Convention  Distributed  Power.  If  we  wish  to 
understand  our  political  system  we  must  gain  clear  notions 
respecting  the  manner  in  which  the  framers  distributed 
power  to  the  State  and  federal  governments.  Let  us  sup- 
pose that  the  men  of  the  Constitutional  Convention  of  1787 
had  at  their  disposal  all  the  powers  of  a  sovereign  state, 
all  the  powers  that  it  is  possible  for  a  government  to  exer- 
cise, and  that  they  divided  these  powers  between  the  new 
federal  government  and  the  existing  State  government  in 
such  a  manner  as  they  thought  best.  With  this  supposition 
in  mind  let  us  see  what  disposal  they  made  of  the  great  reser- 
voir of  governmental  power  which  was  at  their  command. 
And  first  let  us  learn  what  powers  they  gave  exclusively  to 
the  federal  government : 

I.  Powers  Exclusively  Federal.  When  granting  a  power 
exclusively  to  the  federal  government  it  had  to  be  plain  to 
the  minds  of  the  framers  (1)  that  the  States  would  be  will- 
ing to  surrender  the  power;  (2)  that  the  federal  govern- 
ment needed  the  power;  (3)  that  the  power  when  exercised 
would  affect  all  the  States  alike.  Applying  these  tests  to 
each  grant  of  power,  the  framers  gave  the  federal  govern- 
ment absolute  control  in  the  following  matters:  war,  peace, 
treaties,  alliances,  ambassadors,  postal  affairs,  the  army  and 
navy,  foreign  commerce,  interstate  commerce,  naturaliza- 
tion, coinage  of  money,  Indian  affairs,  bankruptcy,  patents, 
copyrights,  territories,  letters  of  marque  and  reprisal. 

II.  Concurrent  Powers.  If  the  proposed  federal  govern-, 
ment  was  to  be  strong  and  efficient  it  must  be  permitted 
to  raise  money  by  taxation  and  to  borrow  money;  it  must 
define  the  qualifications  of  those  who  were  to  vote  for  its 
officers  and  regulate  the  time  and  manner  of  holding  the 
elections  of  its  officers;  it  must  have  the  support  of  the 
State  militia  in  times  of  war.  But  it  was  not  considered  wise 
for  the  federal  government  to  be  given  the  exclusive  power 
of  collecting  taxes  and  borrowing  money  and  controlling 
its  elections  and  militia.  Hence  it  became  necessary  for  the 
framers  to  grant  certain  powers  to  the  federal  government, 


50  THE  AMERICAN  GOVERNMENT 

and  at  the  same  time  reserve  powers  of  the  same  kind  for 
the  State.  Powers  belonging  to  both  governments  are  called 
concurrent.  The  concurrent  powers  established  by  the  Con- 
vention relate  to  the  following  matters:  taxation,  public 
debt,  citizenship,  suffrage,  elections,  militia,  eminent  domain. 

III.  Powers  Prohihited  to  the  Federal  Government. 
While  the  framers  planned  for  a  federal  government  which 
should  be  capable  of  achieving  its  rightful  purposes,  they 
at  the  same  time  took  care  that  it  should  not  be  an  instru- 
ment of  oppression.  To  safeguard  the  interests  of  the  States 
they  formally  prohibited  certain  powers  to  the  federal  gov- 
ernment. The  powers  which  were  denied  to  the  federal  gov- 
ernment in  the  Convention  are  stated  in  Article  I,  Section  9, 
of  the  Constitution  (p.  403).  Other  prohibitions  are  found 
in  the  first  eight  articles  of  the  Amendments  which  were 
adopted  in  1791  to  allay  the  fears  of  those  who  thought 
the  new  government  might  exceed  its  powers.  These  eight 
amendments  are  the  bill  of  rights  of  the  Constitution.  They 
restrain  the  federal  government,  but  they  do  not  restrain 
the  State. 

IV.  Powers  Prohihited  to  the  State.  The  framers  saw 
that  certain  limitations  upon  the  power  of  the  State  would 
also  be  wholesome.  Indeed  in  1787  prohibitions  upon  the 
power  of  the  State  were  more  necessary  than  prohibitions 
upon  the  federal  government,  for  the  States  were  strong, 
and  were  disposed  to  disregard  the  authority  of  the  central 
government.  Accordingly,  as  a  pledge  of  good  faith  on  the 
part  of  the  States  a  self-denying  section  (Article  I,  Section 
10)  was  inserted  in  the  Constitution. 

It  should  be  noticed  that  there  are  three  prohibitions  upon 
both  State  and  federal  governments :  neither  a  State  nor  the 
United  States  can  grant  any  title  of  nobility  (71,  73),  or 
pass  an  ex  post  facto  law,^  or  any  bill  of  attainder  ^  (65,  73) . 

^  An  ex  post  facto  law  makes  an  act  criminal  which  was  not  so  when 
done,  or  increases  the  severity  of  the  punishment  of  a  previous  act. 

^  A  bill  of  attainder  is  a  legislative  act  which  inflicts  punishment 
without  judicial  trial. 


THE  DISTRIBUTION  OF  POWERS  51 

These  are  things  that  no  popular  government  ought  to  do, 
and  in  the  United  States  they  cannot  possibly  be  done  by  any 
existing  governmental  agency. 

V.  Powers  Reserved  to  the  State.  After  the  framers 
had  provided  for  the  general  powers  of  the  federal  govern- 
ment, and  had  made  the  needful  prohibitions  of  power,  we 
may  think  of  them  as  having  reserved  to  the  States  and  to 
the  people  all  the  remaining  powers  of  government.  They 
did  not  formally  make  this  reservation  in  the  Convention, 
but  it  was  understood  that  the  powers  not  granted  to  the 
federal  government  or  prohibited  to  the  States  remained 
to  be  exercised  as  the  States  or  as  the  people  of  the  United 
States  might  ordain.  In  order  that  there  might  be  no  mis- 
take on  this  point  an  amendment  (144)  adopted  in  1791 
declared  that ' '  the  powers  not  delegated  to  the  United  States 
by  the  Constitution  nor  prohibited  by  it  to  the  States  are 
reserved  to  the  States  respectively,  or  to  the  people."  The 
nature  and  extent  of  the  powers  reserved  to  the  State  will  be 
the  subject  of  the  following  chapter.  At  present  it  is  enough 
to  say  that  the  framers  were  able  to  invest  the  federal  gov- 
ernment with  supreme  powers  in  reference  to  the  great  af- 
fairs of  a  nation  and  still  leave  the  State  supreme  in  most 
of  the  affairs  which  concern  us  in  daily  life. 

Implied  and  Resulting  Powers  of  the  Federal  Government. 

The  powers  of  the  federal  government  are  accurately  defined 
and  enumerated  in  the  Constitution  (Article  I,  Section  8). 
Among  these  powers  is  one  giving  Congress  the  right  to  make 
all  laws  which  are  necessary  and  proper  (63)  for  the  exe- 
cution of  the  enumerated  powers.  Under  the  authority  of 
this  right  there  have  been  exercised  many  implied  powers, 
— powers  which  are  not  specifically  mentioned  in  the  Con- 
stitution, but  which  naturally  arise  from  those  which  are 
specifically  mentioned.  For  example,  from  the  expressed 
power  of  regulating  commerce  (47)  arise  the  implied  powers 
of  building  lighthouses  and  improving  harbors;  from  the 
expressed  power  of  coining  money  (49)  arises  the  implied 


52  THE  AMERICAN  GOVERNMENT 

power  of  establishing  mints.  Hundreds  of  things  done  by 
the  federal  government  are  justified  byvthe  doctrine  of  im- 
plied powers. 

The  Constitution  does  not  expressly  grant  to  the  federal 
government  certain  powers  which  the  government  of  a  sov- 
ereign nation  ought  to  have.  To  meet  this  deficiency  Alex- 
ander Hamilton  brought  forward  his  doctrine  of  resulting 
powers, — powers  which  result  from  the  "whole  mass  of  the 
power  of  government,  and  from  the  nature  of  political  so- 
ciety rather  than  as  a  consequence  of  any  especially  enumer- 
ated power."  According  to  Hamilton's  views  a  new  sov- 
ereign nation  had  been  brought  into  being  by  the  events 
of  the  Revolution  and  the  adoption  of  the  Constitution, 
and  this  nation,  by  the  very  fact  of  its  existence,  possessed 
all  the  powers  a  nation  ought  to  have,  whether  all  were 
mentioned  in  the  Constitution  or  not.  For  example,  he  con- 
tended that  if  the  United  States  should  conquer  a  country, 
it  would  have  sovereign  jurisdiction  in  that  country  al- 
though the  Constitution  says  nothing  whatever  about  such 
jurisdiction.  Hamilton  was  bitterly  opposed  by  Jefferson 
and  others  who  believed  in  holding  the  federal  government 
strictly  to  the  terms  of  the  Constitution;  but  the  doctrine 
of  resulting  powers  carried  the  day,  and  Jefferson  was  des- 
tined to  give  to  it  its  most  distinguished  application  when 
he  purchased  Louisiana  without  authority  specifically  ex- 
pressed in  the  Constitution. 

Limitations  of  the  Federal  Government.  It  must  not  be 
understood  that  under  the  guise  of  implied  and  resulting 
powers  the  federal  government  can  do  anything  and  every- 
thing, for  it  is  in  a  true  sense  a  government  of  limited 
powers.  Jefferson  and  Hamilton  were  both  right.  We  are 
bound  by  the  words  of  the  Constitution,  as  Jefferson  con- 
tended, but,  as  Hamilton  contended,  the  words  "general 
welfare"  (45),  and  the  "elastic  clause"  (63),  are  broad 
enough  to  permit  us  to  do  anything  which  is  consistent  with 
the  purposes  for  which  the  Constitution  was  adopted. 


THE  DISTRIBUTION  OF  POWERS  53 

Chief  Justice  Marshall,  who  did  as  much  as  any  man  to 
mold  and  direct  the  policy  of  the  federal  government,  once 
said: 

"This  government  is  acknowledged  by  all  to  be  one  of  enumerated 
powers.  The  principle  that  it  can  exercise  only  the  powers  granted  to 
it  is  now  universally  admitted.  But  the  question  respecting  the  extent 
of  the  powers  actually  granted  is  perpetually  arising  and  will  probably 
continue  to  arise  as  long  as  our  system  shall  exist.  .  .  .  The  powers 
of  this  government  are  limited,  and  its  powers  are  not  to  be  transcended. 
But  the  sound  construction  of  the  Constitution  must  allow  to  the 
national  legislature  that  discretion  with  reference  to  the  means  by  which 
the  powers  it  confers  are  to  be  carried  into  execution  which  will  enable 
that  body  to  perform  the  high  duties  assigned  to  it  in  a  manner  most 
beneficial  to  the  people.  Let  the  end  be  legitimate,  let  it  be  within 
the  scope  of  the  Constitution,  and  all  means  which  are  appropriate, 
which  are  plainly  adapted  to  that  end,  which  are  not  prohibited,  but  are 
consistent  with  the  letter  and  spirit  of  the  Constitution,  are  constitu- 
tional. ' '  ^ 

How  the  Federal  Constitution  is  Amended.  Under  the 
Articles  of  Confederation  an  amendment  could  be  adopted 
only  with  the  consent  of  all  the  States.  Under  the  Consti- 
tution there  are  easier  methods  of  amendment.  The  four 
processes  by  which  the  Constitution  may  be  amended  are: 
(1)  and  (2)  Congress,  by  a  two-thirds  vote  of  both  houses, 
may  submit  an  amendment  to  the  States  for  ratification 
(122)  and  if  the  amendment  thus  submitted  is  ratified  by 
the  legislatures  of  three-fourths  of  the  States,  or  by  Con- 
ventions in  three-fourths  of  the  States,  it  becomes  a  part  of 
the  Constitution;  (3)  and  (4)  a  national  Constitutional 
Convention,  called  by  Congress  upon  the  application  of  the 
legislatures  of  two-thirds  of  the  States,  may  submit  an 
amendment  to  the  States  for  ratification  and  if  the  amend- 
ment thus  submitted  is  ratified  by  the  legislatures  of  three- 
fourths  of  the  States,  or  by  Conventions  in  three-fourths  of 
the  States,  it  becomes  a  part  of  the  Constitution  (123). 

Although  it  is  much  easier  to  amend  the  Constitution  now 
than  it  was  under  the  Articles,  still  experience  has  proved 
that  it  is  very  difficult  in  ordinary  times  to  secure  an  amend- 

^  MeCulloch  vs.  Maryland. 


54  THE  AMERICAN  GOVERNMENT 

ment.  The  first  eleven  amendments  came  as  the  result  of 
inordinate  and  intense  State  jealousy;  the  twelfth  amend- 
ment came  easily  enough  because  it  touched  no  great  in- 
terest. The  thirteenth,  fourteenth,  and  fifteenth  amend- 
ments were  secured  only  after  a  terrible  war;  the  last  two 
amendments  were  adopted  after  many  years'  agitation. 

QUESTIONS  ON  THE  TEXT 

1.  What  efforts  were  made  to  strengthen  the  Confederation  in  its 
last  days? 

2.  Give  an  account  of  the  work  of  the  Convention  of  1787. 

3.  What  tests  did  the  framers  apply  to  each  grant  of  power  given 
exclusively  to  the  federal  government? 

4.  What  matters  were  placed  entirely  under  the  federal  control? 

5.  What  is  a  concurrent  power?    To  what  matters  do  the  concurrent 
powers  relate? 

6.  Enumerate  the  powers  prohibited  by  the  Constitution  to  the  fed- 
eral government. 

7.  Enumerate  the  powers  prohibited  to  the  States. 

8.  What  powers  are  prohibited  to  both  governments? 

9.  What  is  the  nature  of  the  powers  reserved  to  the  State? 

10.  What  is  an  implied  power?     What  is  a  resulting  power? 

11.  Explain  why  the  federal  government  is  one  of  limited  powers. 

12.  In  what  four  ways  may  the  federal  Constitution  be  amended? 

SUGGESTIVE  QUESTIONS  AND  EXEKCISES 

1.  Prepare  a  large  chart  exhibiting  the  powers  of  government  under 
our  federal  system.  Suggestion:  Let  the  outer  circle  of  the  figure^ 
represent  all  the  powers  of  government,  all 
the  powers  that  were  at  the  disposal  of  the 
framers.  In  circle  A  write  the  powers  exclu- 
sively federal;  in  segment  C  the  concurrent 
powers;  in  segment  D  the  powers  prohibited 
to  the  federal  government;  in  segment  E  the 
powers  denied  to  the  State.  Reserve  circle  B 
for  the  powers  of  the  State. 

2.  Discuss  each  of  the  powers  granted  ex- 
clusively to  the  federal  government  and  give 
reasons  for  the  grant. 

3.  Explain  fully  this  sentence:     "The  United  States  is  a  represen- 
tative, constitutional,  federal  republic." 

Topics  for  Special  Worl: — Limitations  of  the  Union:     6,   236-242. 
Federal  and  State  Autonomy:    9,  122-134. 

^  Suggested  by  C.  S.  Tiedemann  in  his  ' '  Unwritten  Constitution. ' ' 


VIII 

THE  STATE 

General  Features  of  a  State  Government.  Since  eacli  of  the 
governments  of  the  forty-eight  States  is  framed  according  to 
the  political  notions  and  peculiar  necessities  of  the  people 
of  a  particular  section,  we  must  not  expect  to  find  the  govern- 
ments of  any  two  States  precisely  alike.  If,  therefore,  we 
wish  to  get  detailed  information  about  the  government  of 
a  State  we  must  study  the  constitution  of  that  State.  There 
can  be  no  general  description  of  a  State  government  that 
will  yield  such  information.  Nevertheless  there  are  several 
political  features  that  are  common  to  all  the  States.  Every 
State — 

(1)  has  a  republican  (democratic)   form  of  government 
(120). 

(2)  has  a  written  constitution. 

(3)  has  the  three  great  departments  of  government. 

(4)  has  a  legislature  consisting  of  two  houses  elected  by 
the  people. 

(5)  has  an  executive  called  the  governor  elected  by  the 
people. 

(6)  must   conform   strictly   to   the   Constitution   of   the 
United  States. 

(7)  removes  high  officials  by  the  process  of  impeachment. 

(8)  supports  a  system  of  public  schools. 

(9)  recognizes  the  common  law  of  England  (Louisiana  ex- 
cepted) . 

(10)  provides  for  the  amendment  of  its  constitution. 

(11)  provides  for  a  system  of  local  self-government. 

55 


56  THE  AI\IERICAN  GOVERNMENT 

The  Powers  of  the  State.  After  independence  had  been  de- 
clared and  the  colonies  had  been  transformed  into  States, 
each  State  found  itself  the  possessor  of  almost  unlimited 
political  power.  No  State,  however,  at  any  time  actually 
exercised  all  the  powers  of  government.  For  example,  no 
State  ever  made  a  treaty  with  a  foreign  country.  From  the 
moment  of  their  separation  from  England  the  States  relied 
upon  a  central  government,  the  Continental  Congress,  to 
manage  the  affairs  of  war  and  peace  and  to  establish  for- 
eign relations.  Nevertheless,  this  central  government  was 
never  strong,  and  in  its  last  days  it  can  hardly  be  said  to 
have  possessed  any  power  at  all.  The  States,  therefore,  went 
into  the  Convention  of  1787  as  masters  of  the  situation.  We 
have  learned  what  powers  they  granted  to  the  new  federal 
government,  what  powers  they  expressly  denied  to  it,  what 
powers  they  expressly  denied  to  themselves,  and  we  have 
seen  that  they  reserved  for  themselves  all  the  powers 
they  did  not  part  with  in  the  Convention.  What  were 
these  reserved  powers?  This  question  cannot  be  fully 
answered.  The  powers  of  the  federal  government  can  be 
enumerated,  but  the  powers  of  the  State  can  be  indicated 
only  in  general  terms.  The  framers  provided  liberally  for 
the  federal  government,  but  they  did  not  deprive  the  State 
of  the  privilege  of  managing  its  own  affairs  in  its  own  way. 
The  State  government  could  still  enter  the  home  and  pre- 
scribe the  legal  relations  that  were  to  exist  between  hus- 
band and  wife,  between  parent  and  child,  between  master 
and  servant ;  it  could  still  enter  the  domain  of  business  with 
laws  to  regulate  buying  and  selling,  debt  and  credit,  partner- 
ship and  contracts,  possession  and  alienation  of  property, 
wills  and  inheritances ;  it  could  still  control  all  its  local  gov- 
ernments, county  and  city  and  town,  and  almost  all  private 
corporations  (p.  75)  ;  it  could  still  maintain  its  own  schools 
and  its  own  system  of  police ;  it  could  still  administer  justice 
in  all  ordinary  cases  and  punish  all  ordinary  crimes ;  it  could 
still  determine  the  religious,  civil  and  political  rights  of  its 


THE  STATE  57 

citizens  and  prescribe  the  qualifications  of  voters  and  con- 
duct its  elections. 

The  powers  reserved  to  the  State  included  those  which  the 
State  was  free  to  exercise,  and  which  it  actually  was  exer- 
cising under  the  Constitution  at  the  time  of  its  adoption, 
and  they  also  included  those  which  the  State  in  the  future 
might  have  occasion  to  exercise.  In  1787  there  were  no  rail- 
roads, and  consequently  there  was  no  such  thing  as  a  power 
in  reference  to  a  railroad,  yet  when  railroads  began  to  be 
built  they  fell  under  the  authority  of  the  State  by  reason 
of  its  reserved  powers  (143,  144).  And  so  it  has  been  with 
the  powers  relating  to  the  telegraph  and  telephone,  and 
scores  of  other  things  that  had  not  been  dreamed  of  in  1787. 

The  Conflict  of  Federal  and  State  Authority.  Under  such 
a  scheme  of  powers  as  has  been  ordained  by  the  Constitu- 
tion it  is  to  be  expected  that  State  authority  will  sometimes 
clash  with  federal  authority.  The  federal  government  within 
the  circle  of  its  powers  is  supreme  and  irresistible,  and  the 
State  within  its  circle  is  independent  of  any  higher  power. 
Where  two  governments  exercise  political  power  within  the 
same  territory  over  the  same  people,  disputes  are  almost  cer- 
tain to  arise.  Then  again,  the  concurrent  powers  relating 
to  taxation,  elections  and  citizenship  are  sometimes  a  source 
of  conflict.  Moreover,  there  will  sometimes  be  collisions  be- 
tween the  two  governments  when  each  is  exercising  a  power 
that  appears  to  be  strictly  its  own.  For  example,  if  in  the 
exercise  of  its  police  power  (p.  390)  a  State  should  pass  a 
law  forbidding  the  running  of  trains  from  one  point  to  an- 
other within  the  boundaries  of  the  State  on  Sunday,  it  might 
appear  to  be  acting  strictly  within  the  scope  of  its  authority, 
yet  such  a  law  would  almost  certainly  clash  with  the  federal 
regulations  for  carrying  the  mails.  Wliat  is  to  be  done  in 
such  a  case?  Shall  the  engineer  move  on  with  the  train 
and  carry  the  mails,  or  shall  the  State  law  be  obeyed  ?  The 
framers  of  the  Constitution  provided  a  method  of  determin- 
ing all  such  questions.     They  established  a  Supreme  Court 


58  THE  AMERICAN  GOVERNMENT 

(105)  wliicli  has  the  power  of  deciding  between  the  two 
governments  in  every  possible  ease  that  may  arise  (110). 
The  judges  of  the  Supreme  Court,  as  we  shall  see  (p.  147), 
enjoy  an  almost  complete  independence,  they  are  chosen  from 
among  the  ablest  lawyers  in  the  land,  and  they  are  in  every 
way  equipped  to  discharge  faithfully  their  high  duty.  That 
duty  is  to  see  that  the  Constitution  which  they  swear  to 
support  (128)  is  obeyed,  and  that  both  governments  work 
smoothly  together.  The  two  governments  will  work  smoothly 
together  so  long  as  each  keeps  within  the  circle  of  its  powers 
and  does  not  encroach  upon  the  other.  It  is  the  constant 
task  of  the  Supreme  Court,  when  rendering  decisions  upon 
cases  brought  before  it,  to  keep  each  government  within  its 
proper  sphere,  and  for  more  than  a  hundred  and  twenty- 
five  years  this  tribunal  has  performed  this  delicate  service 
with  remarkable  success. 

Interstate  Relations.  Politically  speaking,  one  State  is  quite 
independent  of  another.  A  State  may  establish  such  a  gov- 
ernment as  seems  to  it  best,  providing  that  its  constitution 
and  laws  are  not  contrary  to  the  Constitution  and  laws  of 
the  United  States,  and  providing  that  its  government  is  re- 
publican in  form.  The  republican  form  of  government 
guaranteed  to  the  State  by  the  Constitution  (120)  is,  broadly 
speaking,  one  in  which  the  principle  of  representative  de- 
mocracy is  recognized.  The  federal  government  under  this 
guarantee  would  not  permit  an  aristocracy  or  an  oligarchy 
or  a  monarchy  to  be  established  within  a  State.  "When  rival 
governments  are  set  up  within  a  State  the  federal  govern- 
ment will  decide  which  is  the  lawful  government,  and  if 
necessary  will  assist  in  crushing  the  unlawful  rival. 

Although  the  political  isolation  which  exists  between  the 
States  is  quite  complete,  nevertheless  a  State  cannot  treat 
another  State  precisely  as  if  it  were  a  foreign  country. 
Under  the  Constitution  there  are  several  important  inter- 
state obligations: 

( 1 )   If  one  State  recognizes  a  certain  law  or  certain  rec- 


THE  STATE  59 

ords,  as  of  wills  or  deeds,  as  valid,  all  other  States  must 
recognize  them  as  valid  (115).  If  the  authorities  in  Maine 
recognize  a  certain  law  of  the  State  as  being  a  good  law  the 
authorities  of  all  the  other  States  must  recognize  that  law 
as  being  good  in  Maine,  although  the  law  need  not  be  obeyed 
in  the  other  States. 

(2)  A  State  must  accord  to  a  citizen  of  another  State 
who  comes  within  its  borders  all  the  rights  and  privileges 
which  it  accords  to  its  own  citizens  (116).  For  example, 
a  citizen  of  Pennsylvania  can  go  into  Illinois  and  move  about 
and  transact  business  on  the  same  terms  with  the  citizens 
of  the  latter  State. 

(3)  When  a  criminal  flees  from  a  State  in  which  he  has 
committed  a  crime  into  another  State,  the  governor  of  the 
latter  State  is  charged  with  the  duty  of  assisting  in  the 
arrest  of  the  criminal  and  in  his  return  to  the  State  in 
which  the  crime  was  committed  (117).  If,  however,  the 
governor  of  a  State  for  any  reason,  good  or  bad,  should  re- 
fuse such  assistance,  there  is  no  way  to  compel  him  to  per- 
form his  duty.  The  Constitution  has  here  issued  a  mandate 
with  no  provisions  for  its  enforcement.  The  surrender  of 
fugitive  criminals,  therefore,  seems  to  rest  quite  as  much 
upon  interstate  comity  and  courtesy  as  upon  constitutional 
necessity.  In  practice  governors  seldom  fail  to  do  their 
duty  in  arresting  and  returning  fugitive  criminals. 

Although  a  State  is  permitted  under  the  Constitution 
to  regulate  its  own  affairs  quite  without  regard  to  its  sister 
States,  yet,  as  a  matter  of  fact,  no  State  does  this.  Every 
State  in  framing  its  constitution  and  making  its  laws  has 
been  influenced  consciously  or  unconsciously  by  the  social 
and  commercial  conditions  which  have  existed  in  neighbor- 
ing States.  This  interstate  influence  is  making  laws  and 
customs  throughout  the  United  States  more  and  more  uni- 
form. 

Federal  and  State  Relations.    We  may  now  revert  to  a  ques- 
tion heretofore  asked  (p.  39)  but  not  answered:  Where  is 


60  THE  A1\IERICAN  GOVERNMENT 

tlie  line  which  divides  the  authority  of  the  federal  govern- 
ment from  the  authority  of  the  State  ?  The  answer  is  found 
in  the  Constitution  of  the  United  States.  If  the  Consti- 
tution be  read  aright  the  line  which  separates  State  from 
federal  power  can  be  traced  as  clearly  by  the  mind  as  a 
visible  physical  line  can  be  traced  by  the  eye.  On  one  side  of 
this  line  are  the  powers  relating  to  matters  which  concern  the 
welfare  of  the  whole  body  of  the  American  people.  These 
are  the  federal  powers.  If  a  State  through  presumption 
should  cross  the  line  and  exercise  any  of  these  powers,  it 
would  not  only  trespass  upon  the  authority  of  the  federal 
government,  but  it  would  also  impair  the  glory  and  great- 
ness of  the  Union.  On  the  other  side  of  the  line  are  those 
powers  which  relate  to  matters  of  local  and  personal  con- 
cern. These  powers  belong  to  the  State.  If  the  federal 
government  should  cross  the  line  and  exercise  any  of  the 
State  powers  it  would  be  a  usurper  and  an  enemy  of  local 
self-government  and  individual  rights. 

Whether  the  State  and  federal  relations  established  by 
the  fathers  will  be  maintained  or  not  will  depend  upon  the 
intelligence  and  political  sagacity  of  the  people.  The 
American  citizen  should  keep  a  watchful  eye  upon  all 
his  representatives  and  hold  them  all  to  a  faithful  observ- 
ance of  the  Constitution,  not  permitting  them  to  rob  either 
the  federal  government  or  the  State  of  its  rightful  powers. 
"We  do  not  want  the  federal  Union  to  become  a  consolidated 
state  like  France,  where  the  powers  of  a  central  govern- 
ment extend  to  the  smallest  affairs  of  the  smallest  village. 
We  are  vastly  too  large  to  be  governed  as  a  unitary  ^  state. 

^  The  Unitary  and  the  Federal  State.  A  useful  distinction  is  some- 
times made  between  a  unitary  and  a  federal  state.  In  a  unitary  state 
the  local  governments  exist  by  virtue  of  the  authority  and  grace  of  the 
central  government.  Great  Britain,  France  and  Italy  are  unitary 
states  and  in  these  countries  the  existence  of  a  county  or  a  province 
could  be  terminated  at  the  will  of  the  central  government.  For  ex- 
ample, the  English  Parliament  at  any  time  could  convert  an  English 
county  into  a  park  or  a  hunting  ground  or  could  otherwise  blot  out 
its  existence  as  a  political  division.  In  a  federal  state,  as  in  the 
United  States  or  in  Germany,  the  existence  of  a  constituent  division 


THE  STATE  61 

The  government  at  Washington  must  not  be  empowered 
to  issue  orders  to  our  governors  and  to  the  mayors  of  our 
cities  as  to  how  they  shall  conduct  their  affairs.  If  we 
do  not  preserve  local  self-government  we  shall  hardly 
escape  federal  tyranny.  On  the  other  hand,  States  should 
not  exceed  their  constitutional  power  and  invade  the  rights 
of  the  federal  government.  We  must  not  permit  the 
Union  to  become  the  wortliless  fabric  it  was  in  the  days 
of  the  Confederation.  ''The  States  and  federal  govern- 
ment, like  the  planets  in  their  revolution  around  the  sun, 
acting  and  acted  upon,  will  move  on  in  harmony  and 
majesty  only  so  long  as  a  beautiful  equilibrium  between 
them  is  preserved  ! ' '  The  preservation  of  this  ' '  beautiful 
equilibrium"  is  the  most  sublime  and  important  task  im- 
posed upon  the  American  voter. 

QUESTIONS  ON  THE  TEXT 

1.  What  political  features  have  the  States  in  common? 

2.  Indicate  in  general  terms  the  powers  of  the  State. 

3.  What  is  the  nature  of  the  reserved  powers  of  the  State? 

4.  For  what  reason  are  there  likely  to  be  conflicts  between  State  and 
federal  authority?  How  are  disputes  between  the  State  and  the  fed- 
eral government  settled? 

5.  What  is  the  nature  of  the  "republican  form  of  government"  to 
which  a  State  is  entitled? 

6.  What  interstate  relations  are  established  by  the  Constitution? 

7.  How  may  you  distinguish  State  authority  from  federal  authority? 

8.  Why  is  it  important  that  existing  State  and  federal  relations  be 
preserved? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  On  the  chart  suggested  in  the  preceding  chapter  insert  in  circle  B 
the  most  important  State  powers. 

2.  Prepare  a  ten-minute  paper  on  "Our  State."  (Sketch  briefly  the 
history  of  your  State;  write  of  its  size,  its  population,  its  industries, 

of  the  federation  cannot  be  blotted  out  or  terminated.  For  example, 
the  government  of  the  United  States  could  not  convert  a  State,  even 
the  smallest,  into  a  park  or  a  hunting  ground  or  do  anything  that 
would  destroy  its  political  existence.  A  State  of  the  United  States, 
however,  may  be  regarded  as  unitary  in  respect  to  its  local  govern- 
ments.   A  State,  for  example,  could  blot  out  the  existence  of  a  county. 


62  THE  AMERICAN  GOVERNMENT 

its  resources,  its  schools,  its  cities,  its  great  men,  and  give  reasons  why 
you  are  proud  of  it.) 

3.  Show  how  neighboring  States  have  influenced  your  State  in  refer- 
ence to  (a)  government,  (&)  religion,  (c)  occupation,  (d)  education, 
(e)  political  parties. 

4.  Of  the  following  matters  name  those  which  come  within  the  au- 
thority of  the  federal  government:  (a)  Punishment  for  robbing  the 
mails;  (b)  regulation  of  the  speed  of  trains;  (c)  the  suppression  of  a 
riot;  (d)  punishment  for  robbing  a  store;  (e)  the  construction  of  a 
sewer;  (/)  the  building  of  a  school-house;  (g)  the  construction  of  a 
battle-ship;  (h)  the  repairing  of  a  road;  (i)  the  defense  of  a  coast; 
(j)  the  improvement  of  a  harbor;  (Jc)  the  granting  of  a  pension  to  a 
soldier;  (I)  the  borrowing  of  money  for  public  purposes;  (m)  the 
annexation  of  territory;  (n)  the  maintaining  of  a  military  academy; 
(o)  the  protection  of  the  public  health;  (p)  the  organization  of  a 
company  of  militia;  (q)  the  controlling  of  the  movements  of  a  flying- 
machine;  (r)  the  protection  of  an  author  in  his  rights;  (s)  the  regu- 
lation of  the  descent  of  property;  (t)  the  construction  of  a  canal  from 
Cleveland,  Ohio,  to  Columbus,  Ohio;  the  construction  of  a  canal  from 
Columbus,  Ohio,  to  Chicago;  (u)  the  regulation  of  the  use  of  dyna- 
mite; (v)  the  regulation  of  wireless  telegraphy;  (w)  the  regulation 
of  flying-machines. 

5.  What  is  meant  by  the  "New  Nationalism"?  What  power  (or 
powers)  now  exercised  by  the  State  would  you  have  transferred  to  the 
federal  government?  Is  there  any  power  now  exercised  by  the  federal 
government  that  ought  to  be  transferred  to  the  State? 

Topics  for  Special  Work. — The  Limitations  of  the  State :  6,  243-247. 
The  Eolation  of  States  with  One  Another:  8,  131-155.  Interstate  Ee- 
lations:  9,  272-289.  The  Present  Meaning  of  the  Constitution:  30, 
65-73.  The  Constitution  and  the  New  Federalism:  30,  76-82.  The 
States  and  the  Federal  Government:  30,  89-92. 


IX 

THE  EXPANSION  OF  THE  FEDERAL  UNION 

The  Admission  of  New  States.  The  federal  government 
which  went  into  operation  in  April,  1789,  included  within 
its  authority  eleven  States — New  Hampshire,  Massachusetts, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania,  Dela- 
ware, Maryland,  Virginia,  South  Carolina,  and  Georgia. 
In  November,  1789,  North  Carolina,  and  in  May,  1790,  Rhode 
Island,  ratified  the  Constitution  and  joined  the  Union.  The 
federal  union  thus  began  its  history  with  thirteen  States. 
The  Constitution  provided  for  the  growth  of  the  Union  by 
authorizing  Congress  to  admit  new  States  (118).  The  terms 
upon  which  a  new  State  may  be  admitted  are  determined  by 
Congress,  but  when  a  State  is  once  within  the  Union  it  is 
the  equal  of  its  sister  States.  With  the  consent  of  Congress 
a  State  may  be  divided  into  two  or  more  States,  and  two 
or  more  States  may  join  to  form  a  single  State ;  but  no  State 
once  within  the  Union  can  withdraw  from  it.  There  is 
nothing  said  in  the  Constitution  of  the  right  of  a  State  to 
secede,  but  since  the  Civil  War  the  United  States  has  been 
regarded  as  **an  indestructible  Union  composed  of  inde- 
structible States." 

The  Admitted  States  East  of  the  Mississippi.  In  giving  an 
account  of  the  growth  of  our  Union  it  will  be  convenient 
to  begin  in  the  east  and  follow  the  course  of  expansion  west- 
ward to  the  Pacific.  The  original  boundaries  of  the  United 
States,  as  they  were  determined  upon  by  the  treaty  which 
acknowledged   our  independence,   and  as  they   existed   in 

63 


64  THE  AMERICAN  GOVERNMENT 

1789,  were  the  Great  Lakes  and  Canada  on  the  north,  the 
Atlantic  on  the  east,  the  Gulf  of  IMexico  on  the  south  (ex- 
eluding  Florida)  and  the  Mississippi  River  on  the  west. 

The  story  of  expansion  in  this  region  begins  with  the 
admission  of  Vermont,  the  first  adopted   daughter  of  the 
Union.    Vermont  had  framed  for  herself  a  constitution  dur- 
ing the  Revolution,  and  had  declared  herself  an  independent 
State,  but  because  she  was  claimed  by  New 
1791         York  she  was  not  recognized  as  a  State.     In 
1790,    however,    New   York   relinquished    her 
claim,  and  in  1791  Vermont  was  admitted  into  the  Union 
on  the  same  footing  with  the  original  States. 

During  the  Revolution  and  throughout  the  period  of  the 
Confederation  emigrants  from  the  older  States  rapidly  filled 
the  rich  and  inviting  territory  west  of  the  Aj)palachians,  and 
at  the  time  of  the  inauguration  of  the  federal  government 
there  were  two  communities  south  of  the  Ohio  River  that 
deemed  themselves  worthy  of  the  honor  of  statehood.    These 
were  Kentucky  and  Tennessee.    Kentucky  belonged  to  Vir- 
ginia, but  her  people  wanted  to  be  recognized  as  a  separate 
State,  and  in  1789,  the  parent  State  consented  to  a  separa- 
tion, which  took  place  in  1792,  when  Kentucky 
'^T792^^     was   admitted   to   the   Union.      Tennessee  be- 
longed to  North  Carolina  (a  narrow  strip  on 
^^179?^^     the  south  belonged  to  South  Carolina),  but, 
like    Vermont,    during    the    Revolution    she 
longed  for  statehood  and  was  not  permitted  to  enjoy  it.    In 
1790  she  was  ceded  by  North  Carolina  to  the  United  States 
to  be  governed  by  Congress  as  a  Territory  (p.  184)   until 
her  population  should  entitle  her  to  be  admitted  as  a  State. 
In  1796  she  knocked  at  the  door  of  the  Union  and  was 
admitted. 

We  now  come  to  one  of  the  most  interesting  phases  of  our 
national  development.  Into  no  quarter  of  the  Western 
country  did  emigrants  move  more  rapidly  after  independ- 
ence was  acknowledged  (1783)  than  into  the  fertile  dis- 
tricts north  of  the  Ohio  River  and  West  of  Pennsylvania. 


THE  EXPANSION  OF  THE  FEDERAL  UNION      65 

The  matter  of  governing  this  vast  region,  known  as  the 
Northwest  Territory,  and  now  forming  the  States  of  Ohio, 
Indiana,  Illinois,  Michigan,  Wisconsin,  and  a  part  of  Min- 
nesota, was  taken  up  by  the  Congress  of  the  Confederation, 
and  one  of  the  last  acts  of  that  body  was  to  pass  the  Ordi- 
nance of  1787,^  a  political  document  second  in  importance 
only  to  the  Constitution  itself.  This  law  provided  that  not 
less  than  three  nor  more  than  five  States  should  be  formed 
out  of  the  Northwest  Territory ;  that  each  State  should  have 
a  republican  form  of  government;  that  there  should  be  no 
slavery;  that  religious  liberty  should  be  guaranteed;  that 
education  should  be  encouraged;  that  the  Indians  should 
be  justly  treated ;  that  when  one  of  the  political  communities 
should  have  60,000  inhabitants  it  should  be  admitted  into 
the  Union  with  all  the  rights  of  a  State ;  that  until  a  com- 
munity should  be  large  enough  for  statehood  it  should  be 
governed  (as  a  territory)  in  part  by  Congress  and  in  part 
by  the  people.  Congress  appointing  the  governor  and  judges, 
and  the  people  electing  the  legislature. 

This  Ordinance  enacted  by  the  old  Congress  was  reen- 
acted  and  faithfully  carried  out  by  the  new  government.  In 
1802,  the  community  just  west  of  Pennsylvania  and  north 
of  the  Ohio  River,  having  been  governed  for  fourteen  years 
by  Congress  as  a  territory,  sought  to  be  admitted  into  the 
Union  as  the  State  of  Ohio.  Congress  passed  an  act  enabling 
the  people  to  frame  a  constitution  for  themselves,  and  a  con- 
vention met  at  Chillicothe  to  lay  the  foundation  for  a  great 
State.  What  did  the  members  of  the  convention  have  to 
guide  them  in  their  work  ?  The  framers  of  the  constitutions 
of  the  original  States  had  their  old  charters  as  patterns,  but 
the  men  of  Ohio  had  no  charter  upon  which  to  build.  They 
could  do  nothing  contrary  to  the  Constitution  of  the  United 
States,  or  to  the  Ordinance  of  1787;  aside  from  these  in- 
struments they  had  to  rely  upon  their  own  experience  and 
knowledge  for  guidance.  As  former  citizens  of  the  older 
States,  of  Virginia,  of  New  York,  of  Pennsylvania,  they 
^  See  Appendix  C. 


66  THE  AMERICAN  GOVERNMENT 

naturally  drew  upon  the  constitutions  of  these  States  for 

suggestions;  but  their  chief  guides  were  the  peculiar  needs 

and  sentiments  of  the  people  of  the   Ohio  region.     They 

drew  up  a  constitution  to  suit  the  condi- 

1803  tions  which  confronted  them.     Their  work 

was  submitted  to  Congress  and  was  accepted, 

and  Ohio  was  admitted  as  a  State  in  1803.     The  new  State 

was  prepared  to  be  happy  and  contented  in  the  Union,  for 

it  had  just  the  government  it  wanted.    The  policy  adopted 

in  reference  to  Ohio  was  followed  in  reference  to  future 

applications  for  admission:  a  State  was  allowed  to  enter 

the  Union  with  a  constitution  of  its  own  making. 

The  portion  of  the  Northwest  Territory  left  after  Ohio  was 
cut  off  was  governed  as  the  Indiana  Territory  until  1816, 
when  the  people  within  the  boundaries  of 
Indiana  what  is  now  Indiana,  numbering  60,000  souls, 

^^^^  were  admitted  into  the  Union  as  a  State. 

The  stream  of  emigration  ran  strong,  and 
^1818^^  two  years  after  the  admission  of  Indiana, 

Illinois  was  large  enough  for  statehood  and 
Michigan  ^^'^^  admitted.     What  is  now  Michigan  was 

1837  governed  as  a  territory  from  1805  to  1837, 

when  it  was  admitted  as  a  State.     In  1848 
Wisconsin         Wisconsin,  the  last  of  the  five  States  pro- 
1848  vided  for  by  the  Ordinance  of  1787,  was  ad- 

mitted, leaving  a  slice  of  the  Northwest  Ter- 
ritory for  Minnesota.  The  governments  of  all  five  of  the 
States  formed  under  the  Ordinance  developed  under  the  in- 
fluence of  men  who  were  accustomed  to  the  institutions  of 
the  northern  States. 

While  emigrants  from  the  northern  States  were  settling  in 
the  northwestern  region  and  establishing  governments  and 
institutions  according  to   northern  ideas,   emigrants  from 
the  southern  States  were  pouring  into  the 
^^m?^  great    southwest    with    their    southern    no- 

tions of  government.  Mississippi,  a  region 
granted  to  the  United  States  by  South  Carolina  and  Geor- 


THE  EXPANSION  OF  THE  FEDERAL  UNION      67 

gia,  was  rapidly  settled,  and  in  1817  the  western  portion  was 

admitted  as  the  State  of  Mississippi.     Two 

years  later  the  eastern  part  was  admitted  as  Alabama 

the  State  of  Alabama.    In  the  year  in  which 

Alabama  was   admitted   the   United   States  riorida 

purchased  the  Florida  country  from  Spain  1845 

and  governed  it  as  a  territory  until  1845, 

when  it  was  received  into  the  Union.     The  governments  of 

these  three   States  developed   strictly  in  accordance   with 

southern  ideas. 

Maine  was  a  part  of  Massachusetts  until  1819,  when  she 
was  given  permission  by  the  government  of 
the  latter  State  to  form  a  government  of  her  j^ggo 

own  if  her  people  desired  to  do  so.    The  sen- 
timent was  in  favor  of  a  separation,  and  in  1820  Maine  was 
admitted  as  a  State. 

As  an  outcome  of  a  division  in  political  sentiment  during 
the  Civil  War  the  portion  of  Virginia  west  of  the  Alle- 
ghany Mountains  was  detached  (118)  from  the  parent  State 
and  brought  into  the  Union  as  a  separate 
State  in  1863  under  the  name  of  West  Vir-      West  Virginia 
ginia,   thus  making   twenty-six   States   east 
of  the  Mississippi  River. 

The  Louisiana  Purchase.     The  account  of  the  expansion 
west  of  the  Mississippi  may  begin  with  the  purchase  from 
France   (1803)   of  the  region  known  as  Louisiana — a  pur- 
chase by  which  the  area  of  the  Union  was  doubled.     In  the 
admission  of  the   States  formed  out  of  the  Purchase  the 
federal  government  was  still  guided  by  the  Ordinance  of 
1787,  except  that  slavery  was  sometimes  al- 
lowed.    The  first   State   carved  out  of  the          Louisiana 
Purchase  was  admitted  under  the  name  of 
Louisiana  in  1812.    The  people  of  Louisiana  jMissourl 

were  French  in  language,  laws  and  institu-  i82i 

tions,  and  their  constitution  was  greatly  in- 
fluenced by  this  fact.    Missouri  v*  as  admitted  in  1821,  and 


68 


THE  AMERICAN  GOVERNMENT 


Arkansas 
1836 

Iowa 
1846 

Minnesota 
1858 


Arkansas  in  1836.  These  two  States,  being  settled  by  pio- 
neers from  the  older  southern  States,  estab- 
lished governments  of  the  southern  type,  and 
introduced  southern  institutions.  Iowa,  the 
next  State  to  be  formed  from  the  Purchase, 
was  admitted  in  1846.  Minnesota,  formed  in 
part  from  the  Northwest  Territory  and  in 
part  from  the  Purchase,  entered  the  Union  in  1858.  Iowa 
and  Minnesota  were  organized  by  settlers  from  the  northern 
States,  and  their  government,  of  course,  reflected  their  origin. 
Kansas  was  the  scene  of  a  long  and  bitter 
struggle  between  northern  and  southern  set- 
tlers as  to  the  nature  of  the  government  that 
was  to  be  established.  Northern  ideas  pre- 
vailed, and  Kansas  was  admitted  in  1861. 
Nebraska,  whose  early  political  history  is 
linked  with  that  of  Kansas,  was  admitted  in 
1867.  Colorado,  formed  in  part  from  the 
Purchase,  in  part  from  territory  acquired 
from  Mexico,  was  admitted  in  1876  as  the 
"Centennial  State."  Dakota  was  organized 
as  a  territory  in  1861,  but  when  the  time  for 
statehood  arrived  it  was  divided  into  two 
sections.  The  northern  section  came  into  the 
Union  as  North  Dakota  and  the  southern 
section  as  South  Dakota.  They  were  both 
admitted  on  the  same  day  (November  2, 
1889).  Six  days  after  the  Dakotas  were 
admitted,  Montana,  the  greater  part  of 
which  was  formed  from  the  Purchase  (the 
smaller  part  from  the  Oregon  country),  was 
received  into  the  Union.  In  1868  a  fragment  of  the  great 
Purchase  was  combined  with  portions  of  the  Mexican  Ces- 
sion and  the  Oregon  country  to  form  the 
territory  of  Wyoming,  and  this  was  admitted 
as  a  State  in  1890.  Thus  twelve  large  States 
have  been  formed  out  of  the  wild  region  purchased  by 
Jefferson. 


Kansas 
1861 


Nebraska 
1867 


Colorado 
1876 


North   Dakota 
1889 


South  Dakota 
1889 


Montana 
1889 


Wyoming 
1890 


THE  EXPANSION  OF  THE  FEDERAL  UNION      69 

The  Texas  Annexation.     In  1836  Texas  tore  itself  away 

from  Mexico  and  became  an  independent  republic.    It  soon 

sought  admission  into  the  Union,  and  this 

was  secured  by  a  joint  resolution  of  Congress  ^845 

in  1845.    Texas  entered  the  Union  with  the 

privilege  of  forming  out  of  its  territory   four  additional 

States  if  it  cared  to  do  so.    By  the  admission  of  Texas  an 

independent  nation  was  incorporated  into  the  Union.     This 

step  in  expansion  increased  our  territory  by  an  area  greater 

than  the  combined  area  of  France  and  England. 

The  Oregon  Country.  The  region  west  of  the  Rocky  Moun- 
tains, lying  between  parallels  42  and  49,  known  as  the  Ore- 
gon country,  was  for  a  time  jointly  occupied  by  England 
and  the  United  States,  but  in  1846  England  released  her 
claim   and   the   United    States   became   the  ^ 

sole  possessor.     The  country  was  organized  1359 

as  the   Oregon   Territory  in   1848,   and    in        w    h- 
1859  Oregon  was  set  off  as  a  State  and  ad-  i889 

mitted  into  the  Union.     In  1889  Washing- 
ton entered  the  Union,  to  be   followed  by  iseo 
Idaho  in  the  following  year. 

The  Mexican  Cession.     As  a  result  of  war,  Mexico  was  com- 
pelled, in  1848,  to  cede  to  the  United  States  about  half  a 
million  square  miles  of  her  northern  territory.     Gold  was 
at  once  discovered  in  the  newly  acquired  region  and  thou- 
sands hastened  to  the  scene.     To  meet  the  need  for  a  civil 
government  the  people  hurriedly  framed  a 
constitution  in  1849,  and  in  the  following         ^^^gso"^^ 
year  the  great  State  was  admitted.     Califor- 
nia differed  from  all  the  other  States  in  the  Nevada 
history  of  her  admission.     She  had  no  pre-  1864 
vious  territorial  government;  she  was  not  a 
part   of   another   State.     She   sprang   into            ^a^R 
statehood  at  a  bound.    At  the  same  time  that 
California  was  admitted  as  a  State  Utah  was  erected  into 


70  THE  AMERICAN  GOVERNMENT 

a  territory.  Nevada  was  organized  as  a  territory  in  1861 
and  became  a  State  in  1864.  Utah  was  admitted  in  1896. 
Oklahoma,  formed  out  of  a  part  of  the  Louisiana  Purchase, 
was  organized  as  a  Territory  in  1890  and  after  a  remarkable 
growth  in  wealth  and  population  was  admitted  in  1907. 
Arizona  and  New  Mexico  were  admitted  in  1912. 

The  Spirit  of  Federal  Expansion.     The  above  sketch  shows 
that  growth  is  a  characteristic  feature  of  our  Union.    Quietly 
and  steadily  the  United  States  has  extended  its  boundaries 
until  it  has  become  one  of  the  largest  and  most  powerful 
nations  of  the  world.    When  we  regard  the  nature  of  our 
Union,  its  size,  its  strength,  its  texture,  we  may  justly  say 
that  it  is  the  greatest  political  achievement  of  man.     Sev- 
eral causes  have  contributed  to  the  success  of  this  marvellous 
expansion.     The  economic  advantage  of  being  within  the 
Union  has  been  duly  appreciated.     A  man  in  his  effort  to 
earn  a  living  is  not  hemmed  in  under  our  system  by  the 
narrow  boundaries  of  a  State,  but  ha?  the  whole  country 
as  a  field  for  his  energies.    The  forces  of  industry  and  com- 
merce have  also  contributed  to  strengthen  the  Union.    Rail- 
ways, canals,  the  telegraph,  the  telephone,  have  all  helped 
in  our  national  growth.    But  the  most  powerful  element  of 
success  in  our  career  of  expansion  is  to  be  found  in  our 
political  conduct.     The   federal  government  has  not  gone 
forth  as  conqueror  to  bring  States  into  the  Union  by  force, 
and  then  ruled  them  with  the  heavy  hand  of  power,  but  it 
has  permitted  States  to  enter  when  they  were  ready  and 
willing,  and  has  treated  them  with  moderation  and  justice 
after  they  have  entered.    When  a  State  has  been  admitted 
into  the  Union  it  has  received  all  the  benefits  of  the  Consti- 
tution.   Expansion,  therefore,  has  always  meant  an  extension 
of  popular  and  constitutional  government,  and  an  increased 
enjoyment  of  civil  liberty. 


THE  EXPANSION  OF  THE  FEDERAL  UNION     71 

QUESTIONS  AND  SUGGESTIONS 

1.  Bound  your  State  and  recite  any  interesting  historical  facts 
connected  with  its  boundaries.  Are  the  boundaries  of  your  State  natu- 
ral or  artificial? 

2.  How  did  you  State  receive  its  name?  its  nickname? 

3.  Has  your  State  ever  been  a  part  of  another  State?  Did  it  ever 
include  another  State?  If  it  is  one  of  the  admitted  States,  how  long 
was  it  a  territory? 

4.  Describe  the  steps  that  are  usually  taken  for  the  admission  of  a 
territory  into  the  Union.  (See  the  case  of  Ohio  as  stated  in  the  text.) 
Could  Congress  admit  a  State  which  had  a  king  for  its  executive  (120)  ? 

5.  Could  California  be  divided  into  two  States  (118)?  Under  what 
conditions  could  two  States  unite  to  form  one  State?  Give  reasons  for 
the  constitutional  provisions  governing  the  division  and  union  of 
States, 

6.  Do  you  find  in  the  Constitution  authority  given  to  the  national 
government  to  acquire  territory?  Have  we  failed  to  embrace  any  op- 
portunity of  enlarging  our  boundaries?  State  the  circumstances  under 
which  Louisiana  was  acquired. 

7.  Prepare  an  expansion  map  of  the  United  States,  marking  off 
with  colored  lines  the  several  purchases  and  cessions. 

8.  What  three  States  were  admitted  into  the  Union  without  having 
passed  through  any  territorial  experience? 

9.  Explain  this  sentence :  ' '  The  history  of  the  United  States  from 
the  settlement  of  Jamestown  to  the  present  time  has  been  the  history 
of  the  colonization  of  the  West." 

10.  Trace  the  great  influence  of  the  Ordinance  of  1787  upon  our  po- 
litical history  in  reference  to  (a)  slavery,  (&)  self-government,  (c) 
education. 

11.  As  a  special  exercise,  let  one  of  the  pupils  prepare  a  ten-minute 
paper  on  ' '  This  Country  of  Ours ' '  giving  an  account  of  its  boundaries, 
its  area,  its  river  and  mountain  systems,  its  population,  its  industries, 
its  resources,  etc.  Consult  the  article  ' '  United  States ' '  in  any  good  en- 
cyclopedia. 

Topics  for  Special  Work. — The  Admission  of  New  States:  9,  263- 
271.  The  Purchase  of  Louisiana:  5,  127-130;  273.  New  States:  6, 
327-335. 


X 

LOCAL  GOVERNMENT 

The  Division  of  the  Powers  of  the  State.  We  have  learned 
how  governmental  power  is  broadly  divided  between  the 
federal  government  and  the  State.  There  is  a  further  divi- 
sion to  be  studied.  The  State  does  not  exercise  directly 
through  the  agency  of  State  officers  all  the  powers  which 
belong  to  it,  but  shares  its  powers  with  inferior  governments 
which  it  creates,  and  which  it  equips  with  proper  officers. 
These  lower  governments  are  called  local,  because  they  trans- 
act the  public  business  of  a  locality  only.  The  local  govern- 
ments which  are  found  in  all  the  States  are  counties  and 
municipal  corporations  (villages,  boroughs,  towns,  cities). 
In  many  States  there  is  an  additional  local  government 
known  as  the  township  or  district — "town"  it  is  usually 
called  in  New  England. 

The  powers  granted  to  the  local  governments  are  not  the 
same  in  all  the  States,  yet  it  may  be  said  that  as  a  rule  the 
local  government  does  the  following  things: 

(1)  It  preserves  the  peace  and  good  order  of  the  locality. 

(2)  It  supports  the  public  schools. 

(3)  It  cares  for  the  public  health. 

(4)  It  helps  the  poor  and  unfortunate. 

(5)  It  Licenses  trades  and  assesses  and  collects  taxes. 

(6)  It  opens  and  repairs  roads  and  paves  streets  and 
builds  bridges. 

(7)  It  establishes  and  supports  courts  of  lower  grades. 

(8)  It  erects  public  buildings. 

It  should  be  clearly  understood  that  the  local  government 

72 


LOCAL  GOVERNMENT  73 

is  in  all  things  dependent  upon  the  State.  The  relation  of 
a  city,  for  example,  to  the  State  is  entirely  different  from 
the  relation  that  exists  between  the  State  and  the  Union. 
The  powers  of  the  State  are  its  own :  the  federal  government 
cannot  substract  from  them  nor  add  to  them.  The  powers 
of  a  city  are  not  its  own :  the  State  gives  them  and  the  State 
can  take  them  away.  What  the  State  creates  it  can  govern 
according  to  its  own  will.  The  State  can  deprive  local  officers 
of  their  positions  and  administer  the  affairs  of  the  locality, 
the  county,  or  city,  or  whatever  it  may  be,  with  officers  of 
the  State  government. 

While  it  is  true  that  the  State  has  the  power  to  send  its 
officers  into  a  locality  and  govern  it  without  consulting  its 
citizens,  yet  as  a  matter  of  fact  the  State  does  not  use  its 
power  in  this  way.  In  practice  the  State  allows  the  people 
of  a  community  to  elect  their  local  officers  and  to  conduct 
their  local  affairs  largely  according  to  their  own  notions. 
Any  other  policy  would  be  contrary  to  the  political  instincts 
of  the  American  people,  and  would  excite  the  most  bitter 
resentment.  A  denial  of  the  right  of  local  self-government 
would  be  an  attack  upon  the  principle  of  democracy.  Where 
the  people  do  not  have  their  will  in  respect  to  their  schools 
and  roads  and  the  other  affairs  of  public  concern,  they  do 
not  enjoy  fully  the  blessings  of  popular  government. 

The  Three  Grades  of  Government.  Thus  everywhere  in  the 
United  States  there  are  three  grades  of  government  in  opera- 
tion: (1)  The  federal  government  defends  us  against  for- 
eign foes,  attends  to  foreign  affairs,  delivers  and  collects 
the  mails,  regulates  the  currency  and  foreign  and  inter- 
state commerce,  maintains  federal  courts  to  try  eases  that 
come  under  federal  jurisdiction  (p.  152),  and  collects  the 
federal  taxes.  The  federal  government  does  these  things  in 
its  own  way  with  its  own  officers,  and  the  people  of  the 
locality  and  of  the  State  are  not  consulted.  (2)  The  State 
government  is  responsible  everywhere  within  its  borders  for 
the  following  things:  for  the  protection   of  life,   liberty. 


74  THE  AMERICAN  GOVERNMENT 

property  and  reputation ;  for  the  punishment  of  crime ;  for 
the  maintenance  of  justice;  for  the  holding  of  elections; 
for  the  regulation  of  domestic  and  business  relations;  for 
the  collection  of  State  taxes;  for  the  fulfillment  of  the  con- 
stitutional guarantees  contained  in  the  bill  of  rights.  The 
State  is  responsible  for  these  things,  and  it  does  not  sur- 
render its  power  in  reference  to  them.  It  either  attends 
to  them  through  the  agency  of  its  own  officers,  or  it  com- 
pels the  local  government  to  attend  to  them.  (3)  The  local 
government  attends  to  the  matters  enumerated  in  the  pre- 
ceding section. 

This  gradation  of  authority  gives  us  a  decentralized  gov- 
ernment. Instead  of  having  one  great  irresistible  central 
power,  we  have  thousands  of  centers  of  power.  The  decen- 
tralization of  government  as  to  local  affairs  is  a  character- 
istic feature  of  American  politics,  and  is  an  effectual  safe- 
guard of  liberty.  Where  the  central  government  can  extend 
its  arm  into  remote  localities  and  do  what  a  local  government 
ought  to  do,  the  people  become  the  victim  of  an  officialism 
which  is  as  harmful  as  tyranny.  The  system  of  decentral- 
izing power  as  between  the  State  and  the  federal  govern- 
ment is  firmly  established,  and  there  is  little  danger  of 
federal  interference  in  the  purely  internal  affairs  of  a  State. 
But  the  State  also  must  remain  decentralized  in  respect  to 
local  self-government.  Any  other  policy  would  be  incon- 
sistent with  the  spirit  of  our  political  system. 

The  Relation  of  the  State  to  Local  Governments.     One  of 

the  most  important  problems  demanding  the  attention  of  the 
citizen  refers  to  the  relation  that  should  exist  between  the 
State  and  the  local  governments.  It  is  worth  our  while, 
therefore,  td  inquire  carefully  into  this  relation. 

There  is  not  a  word  in  the  federal  Constitution  about  local 
government.  The  locality  receives  all  its  powers  from  the 
State  constitution  and  the  State  legislature.  Counties  and 
townships  are  organized  and  governed  under  general  laws 
passed  by  the  legislature.     All  the  counties  and  townships 


LOCAL  GOVERNMENT  75 

within  the  State  have  substantially  the  same  kind  of  gov- 
ernment and  the  same  powers. 

The  government  of  cities  and  boroughs  and  villages  is 
accomplished  through  the  agency  of  municipal  corporations. 
A  corporation  is  a  group  of  individuals  authorized  by  law 
to  act  in  respect  to  certain  specified  matters  as  one  individ- 
ual; or,  it  is  a  group  of  natural  persons  authorized  to  act 
as  one  artificial  person.  This  artificial  person  known  as  a 
corporation  lives  forever,  unless  the  power  (the  law)  that 
created  it  chooses  to  destroy  it  or  to  limit  the  period  of  its 
existence;  it  has  a  name,  and  under  this  name  it  can  sue 
and  be  sued  in  the  courts  like  a  natural  person ;  with  certain 
restrictions  it  can  acquire  property  and  borrow  money  like 
an  ordinary  person;  it  can  make  such  by-laws  (local  laws) 
as  may  be  necessary  to  regulate  its  internal  affairs,  and 
these  by-laws  have  all  the  force  of  law.  Corporations  are 
either  private  or  public.  A  private  corporation  is  one  or- 
ganized for  the  private  profit  or  pleasure  of  the  individuals 
who  secure  the  incorporation.  Eailroads,  banks,  colleges, 
clubs,  are  examples  of  private  corporations.  Public  cor- 
porations are  organized  for  political  purposes,  for  the  pro- 
motion of  the  public  welfare.  Counties  and  towns  and 
townships  are  public  corporations  in  so  far  as  they  are  per- 
mitted to  hold  property  and  to  sue  and  be  sued.  The  most 
conspicuous  example  of  a  public  corporation,  however,  is 
the  municipal  (municipium,  town)  corporation.  Wherever 
there  is  a  community  with  a  compact  population  requiring 
special  governmental  powers,  the  State  gives  this  conununity 
a  name  and  boundaries,  organizes  its  citizens  into  a  munici- 
pal corporation,  and  grants  to  it  the  right  of  municipal 
or  local  self-government. 

The  written  instrument  that  specifies  the  rights  and  privi- 
leges of  a  corporation  is  its  charter.  The  charter  of  a  muni- 
cipal corporation  names  the  municipality,  describes  its 
boundaries,  and  states  in  great  detail  how  the  local  govern- 
ment is  to  be  organized,  and  what  powers  it  is  to  exercise. 
The  strength  and  efficiency  of  the  government  of  a  munici- 


76  THE  AMERICAN  GOVERNMENT 

pality  are  determined  almost  wholly  by  the  provisions  of  its 
charter. 

In  colonial  times  the  first  municipal  charters  were  granted 
by  the  governor ;  but  long  before  the  Revolution  we  find  the 
legislature  taking  a  part  in  the  government  of  towns.  After 
the  Revolution  the  legislature  took  municipal  government 
entirely  into  its  own  hands  and  granted,  revoked  or  amended 
municipal  charters  at  its  will.  A  century  of  experiment  fol- 
lowed, each  State  trying  in  its  own  way  to  solve  the  problem 
of  governing  the  rapidly  growing  cities  within  its  borders. 
A  complete  history  of  municipal  government  in  the  forty- 
eight  States  would  fill  a  library.  The  net  result,  however,  of 
a  long  and  varied  experience  may  be  stated  in  a  few  words : 
The  State  legislatures  remain  in  complete  and  undisputed 
control  of  cities,  and  they  exercise  their  power  freely.  They 
do  not  hesitate  to  change  or  amend  a  municipal  charter  or 
to  revoke  one  altogether;  they  will  reserve  to  themselves  or 
will  give  to  the  governor  the  appointment  of  officers  whose 
duties  are  of  a  strictly  municipal  character ;  they  will  raise 
the  salaries  of  city  officers  without  consulting  the  city  au- 
thorities. They  may  even  deprive  a  regularly  elected  mayor 
of  his  office  and  give  it  to  another.  The  habit  of  State  in- 
terference with  local  matters  is  at  times  so  strong  as  to 
threaten  seriously  the  highly  prized  principle  of  local  self- 
government. 

In  some  States  the  constitutions  are  attempting  to  protect 
municipal  rights  by  giving  to  the  people  of  the  city  the 
privilege  of  framing  their  own  charter,  just  as  the  people  of 
a  State  frame  their  own  constitution.^  Missouri,  California, 
Minnesota,  Washington,  Oklahoma,  Colorado,  Michigan,  Ore- 
gon, and  Ohio  are  trying  this  plan.  In  these  States  the  city 
stands  in  somewhat  the  same  relation  to  the  State  as  the  State 
does  to  the  Union.  Locality,  State  and  nation  would  each 
be  supreme  in  respect  to  those  things  which  concern  itself. 

This  is  an  attractive  reform,  but  it  suggests  serious  diffi- 
culties. Under  our  present  system  it  is  a  long  step  down- 
^See  Appendix  D. 


LOCAL  GOVERNMENT  77 

ward,  politically,  from  the  State  to  the  city,  immeasurably 
longer  than  from  the  nation  down  to  the  State.  The  State 
in  the  limited  sphere  of  its  action  is  supreme:  it  may  edu- 
cate its  youth  ill,  its  laws  may  be  unwise,  its  courts  corrupt, 
and  yet  the  federal  government  may  not  interfere.  Shall 
we  make  the  city  as  independent  of  the  State  as  the  State  is 
of  the  federal  government?  We  are  told  that  the  care  of 
the  streets,  parks,  sewerage,  city  lighting,  water  supply,  the 
fire  extinguishment  system,  and  many  details  connected  with 
sanitary  and  police  administration,  should  be  placed  abso- 
lutely under  the  control  of  the  city.  But  suppose  the  light- 
ing in  the  city  is  so  wretchedly  poor  that  criminals  thrive 
in  the  darkness,  or  that  the  police  department  is  inefficient, 
and  that  the  peace  and  security  of  the  city  are  threatened, 
shall  the  State  not  interfere?  Shall  it  make  such  a  surren- 
der of  its  rights  as  will  prevent  it  from  entering  the  city 
and  lighting  the  streets  properly  and  improving  the  police 
service?  Such  questions  indicate  how  difficult  it  is  to  deter- 
mine precisely  where  State  authority  should  end  and  local 
authority  begin. 

It  is  perhaps  impossible  to  draw  a  clearly  visible  line  be- 
tween State  and  local  control,  but  experience  makes  it  plain 
that  while  the  State  should  encourage  the  principle  of  munic- 
ipal ' '  home  rule ' '  it  should  at  the  same  time  place  necessary 
limitations  upon  the  power  of  the  city.  Among  these  limita- 
tions are  the  folowing: 

1.  The  State  should  not  surrender  entirely  to  the  city  its 
control  over  elections,  especially  over  those  elections  at  which 
State  officers  are  chosen. 

2.  The  State  should  not  make  to  the  city  such  a  surrender 
of  the  power  of  taxation  as  to  result  in  crippling  the  revenues 
of  the  State. 

3.  The  borrowing  power  of  the  city  should  be  carefully 
restricted. 

4.  The  State  should  reserve  for  itself  the  police  power, 
that  is,  the  power  to  pass  laws  relative  to  the  public  health, 
the  public  safety,  and  the  public  morality.     (See  page  390.) 


78  THE  AMERICAN  GOVERNMENT 

5.  The  State  should  demand  that  the  city  maintain  a  cer- 
tain standard  of  public  education. 

In  general,  the  State  should  keep  such  a  grasp  upon  all  its 
parts — counties,  townships  and  municipalities — as  will  pre- 
vent a  part  from  operating  against  the  welfare  of  the  whole. 

QUESTIONS  ON  THE  TEXT 

1.  How  are  the  powers  of  the  State  divided? 

2.  Name  the  functions  of  the  local  government. 

3.  What  is  the  policy  of  the  State  in  reference  to  local  government? 

4.  Give  an  account  of  the  grades  of  American  government. 

5.  What  is  a  decentralized  government?  Why  is  a  decentralized 
government  favorable  to  liberty? 

6.  How  are  counties  and  townships  governed? 

7.  What  is  a  corporation?  What  are  the  attributes  of  a  corpora- 
tion?   What  is  a  private  corporation?     What  is  a  public  corporation? 

8.  What  is  a  municipal  charter? 

9.  How  does  the  legislature  act  in  respect  to  the  government  of 
municipalities  ? 

10.  What  difficulties  lie  in  the  way  of  municipal  home  rule? 

11.  Give  five  rules  for  the  guidance  of  the  State  in  its  dealings  with 
cities. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  What  are  the  provisions  of  the  constitution  of  the  State  in  ref- 
erence to  local  government?  Can  the  legislature  pass  a  special  law  for 
the  government  of  a  city?  Have  the  cities  of  the  State  the  right  to 
frame  their  own  charters?     If  not,  ought  they  to  have  this  right? 

2.  In  what  way  could  the  present  constitution  of  this  State  be 
amended  so  as  to  give  cities  better  government  than  they  now  enjoy? 

3.  What  is  the  difference  between  a  charter  and  a  constitution? 

4.  In  a  city  which  of  the  following  services  should  be  rendered  by  the 
State  and  which  by  the  local  government? — (a)  the  regulation  of  the 
sale  of  intoxicants;  (b)  the  paving  of  the  streets;  (c)  the  regulating 
of  the  employment  of  children;  (d)  the  granting  of  franchises  (p. 
267)  to  street  railways;  (e)  the  constructing  of  sewers;  (/)  the  hold- 
ing of  courts  of  justice;  (g)  the  educating  of  children ;( 70 the  lighting 
of  streets;  (i)  the  keeping  of  the  peace;  (j)  the  suppression  of  a  riot; 
(fc)  the  regulation  of  the  use  of  arms;  (0  the  construction  of  water- 
works; (m)  the  collecting  of  taxes;  (n)  the  regulating  of  the  hours  of 
labor;  (o)  the  operating  of  gas-works;  (p)  the  inspecting  of  steam- 
boilers;  (q)  the  inspecting  of  factories  with  the  view  of  protecting  the 
health  of  employees;  (r)  the  maintaining  of  libraries;  (s)  the  main- 
taining of  parks;   (t)  the  extinguishing  of  fires. 

Topics  for  Special  Worl\ — State  Control  of  Cities:  14,  85-109.  Mu- 
nicipal Government  in  the  United  States:    2,  435-451. 


XI 

PARTY  GOVERNMENT 

The  Origin  of  Political  Parties.  There  are  always  differ- 
ences of  opinion  as  to  how  public  affairs  shall  be  managed. 
Shall  the  county  have  a  new  court-house?  Shall  the  State 
compel  parents  to  send  their  children  to  school?  Shall  the 
federal  government  assist  the  locality  in  the  construction 
of  roads?  Such  questions  are  bound  to  divide  men  into 
opposing  groups.  Now  government  acts  through  the  agency 
of  men  as  well  as  through  the  agency  of  laws,  and  if  we 
want  it  to  do  a  certain  thing  we  must  not  only  have  the 
laws  on  our  side,  but  we  must  also  have  the  officers  of  gov- 
ernment on  our  side.  This  means  that  those  who  favor 
a  certain  measure  of  political  action  must  first  become  the 
possessors  of  political  power.  They  must  win  the  support 
of  public  opinion,  and  they  must  get  votes  enough  to  elect 
officers  who  are  favorable  to  the  proposed  measures  or  pol- 
icy. Out  of  the  struggle  for  the  possession  of  power  the  po- 
litical party  emerges.  Men  holding  the  same  political  views 
organize  and  work  together  for  the  purpose  of  securing 
control  of  the  government,  and  when  they  have  secured 
control  they  govern  as  a  political  party. 

The  Origin  of  Political  Parties  in  the  United  States.    The 

original  division  of  voters  into  parties  in  the  United  States 
was  brought  about  by  the  collision  of  two  forces  which  are 
always  opposing  each  other  in  a  free  country.  One  of  these 
forces  tends  to  bestow  greater  and  greater  power  upon 
government.    If  certain  phases  of  individual  freedom  result 

79 


80  THE  AMERICAN  GOVERNMENT 

in  some  trifling  inconvenience  we  are  sure  to  find  people 
who  will  instantly  advise  that  government  administer  a 
remedy.  When  an  affair  of  local  government  is  badly  man- 
aged there  are  always  people  to  suggest  that  that  affair  be 
placed  under  the  control  of  a  larger  and  more  central  gov- 
ernment. If  the  township  does  not  manage  its  affairs  well 
they  would  take  its  powers  from  it  and  give  them  to  the 
county ;  if  certain  functions  of  the  county  are  not  faithfully 
performed  they  would  have  them  performed  by  the  State; 
if  the  State  is  remiss  in  anything  they  would  place  that  thing 
under  the  control  of  the  federal  government.  This  tendency 
to  take  power  from  the  local  and  lodge  it  with  the  central 
government  has  been  called  the  centripetal  force  in  politics. 

In  opposition  to  this  centripetal,  centralizing  force  are 
the  people  who,  jealous  of  the  powers  of  government,  desire 
to  limit  them.  These  would  lodge  as  little  authority  as  pos- 
sible with  the  central  government  and  reserve  as  much  as 
possible  for  the  locality.  They  would  have  no  interference 
with  the  individual  except  such  as  is  necessary  for  the  peace 
and  safety  of  society.  This  tendency  to  restrict  the  power 
of  the  central  government  and  enlarge  that  of  the  locality 
and  of  the  individual  has  been  called  the  centrifugal  or  de- 
centralizing force  in  politics. 

The  discussion  of  the  political  questions  which  arose  when 
the  Constitution  was  put  into  operation  offered  an  excellent 
opportunity  for  the  free  play  of  the  centralizing  and  de- 
centralizing forces.  Those  who  believed  in  a  strong  central 
government  advocated  a  liberal  interpretation  of  the  "elas- 
tic clause"  (63).  Foremost  among  these  was  Alexander 
Hamilton.  That  great  man  thought  that  Congress  has  a 
right  to  pass  laws  on  any  subject  which  relates  to  the  gen- 
eral welfare  and  which  requires  the  application  of  money. 
It  is  easy  to  see  that  under  such  an  interpretation  many 
things  could  be  done  by  Congress  which  could  not  be  done 
either  under  the  enumerated  or  the  implied  powers  of  the 
Constitution.  For  example,  under  such  a  construction  Con- 
gress would  have  the  right  to  take  charge  of  the  public 


PARTY  GOVERNMENT  81 

schools.  Those  who  held  centripetal  notions  respecting  gov- 
ernment rallied  around  Hamilton  and  formed  the  Federalist 
party,  or  the  party  of  hroad  or  loose  construction. 

The  centrifugal  tendencies  of  the  time  were  reinforced  by 
the  genius  of  Thomas  Jefferson.  That  statesman  was  jeal- 
ous of  the  power  of  the  federal  government.  He  was  afraid 
the  central  authority  would  encroach  upon  the  rights  of  the 
States  and  of  individuals.  In  order  to  prevent  this  he  ad- 
vocated a  narrow  or  strict  construction  of  the  Constitution. 
He  believed  that  the  only  proper  subjects  for  the  action  of 
Congress  were  those  enumerated  in  the  Constitution.  If  a 
new  power  should  be  desirable  he  believed  it  should  be  se- 
cured by  way  of  amendment  and  not  by  way  of  interpreta- 
tion. Those  who  held  the  same  views  with  Jefferson  joined 
with  him  and  organized  the  Democratic-Bepuhlican  party,  or 
the  party  of  strict  construction. 

Historical  Sketch  of  Parties  in  the  United  States.  The  Fed- 
eralists controlled  the  federal  government  until  Jefferson 
in  1800  led  the  Democratic-Republican  party  to  victory. 
The  Federalists  did  not  long  survive  their  defeat,  and  for 
twenty-five  years  after  the  election  of  Jefferson  the  Demo- 
cratic party — as  it  soon  came  to  be  called^^^had  but  little 
opposition.  In  the  presidential  election  of  1820  it  was  vic- 
torious in  every  State.  No  political  party  is  likely,  how- 
ever, to  remain  for  a  long  period  of  time  in  undisturbed  pos- 
session of  power.  The  operation  of  natural  forces  will  pro- 
duce discord  and  disunion.  About  1821:  opposition  began  to 
show  itself  under  the  leadership  of  Henry  Clay,  who  advo- 
cated a  more  liberal  construction  of  the  Constitution  than 
w^as  pleasing  to  the  Democrats.  In  1831  Clay  was  nominated 
for  president  by  the  newly  organized  National  Repuhlican 
or  Whig  party.  The  Whigs — as  the  adherents  of  the  new 
party  were  usually  called — demanded  protection  to  Ameri- 
can industry  (p.  329)  and  a  system  of  internal  improve- 
ments by  the  federal  government,  including  the  building 
of  roads  and  the  digging  of  canals.     For  twenty  years  the 


82  THE  AMERICAN  GOVERNMENT 

Whigs  disputed  the  ground  with  the  Democrats  and  twice 
(in  1840  and  1848)  they  elected  their  candidates  for  Presi- 
dent. About  1850  the  slavery  question  began  to  play  havoc 
with  both  parties.  By  1856  it  had  destroyed  the  "Whig  party 
and  had  split  the  Democratic  party  in  twain.  In  1860  the 
Republican  party — the  one  which  bears  that  name  at  the 
present  time — led  by  Abraham  Lincoln,  secured  control  of 
the  federal  government.  The  Republicans  proposed  that 
Congress  should  exclude  slavery  from  the  territories;  the 
Democrats  asserted  that  under  the  Constitution  Congress 
had  no  power  to  regulate  slavery.  Here  we  find  the  Demo- 
crats as  usual  claiming  a  strict  construction.  The  Civil  "War 
removed  the  question  of  slavery  from  our  politics  (149),  but 
after  the  war  the  Democrats  and  Republicans  continued 
the  struggle  for  power,  and  until  the  sudden  advent  of  the 
Progressive  party  in  1912  they  were  the  chief  contestants. 
During  the  last  forty  years  several  minor  political  par- 
ties have  asked  for  the  votes  of  the  people.  In  1876  the 
Greetibach  party,  which  was  opposed  to  redeeming  with 
specie  and  then  destroying  the  greenback  money  issued  dur- 
ing the  war,  and  which  advocated  the  issue  of  more  green- 
backs upon  the  faith  of  the  government  (p.  323),  placed  a 
presidential  candidate  in  the  field.  The  success  of  the  green- 
backers  was  variable,  and  in  1892  it  cooperated  with  the 
People's  party.  This  party  advocated  the  betterment  of 
the  condition  of  the  common  people  by  means  of  govern- 
ment ownership  of  railroads  and  by  issues  of  money  based 
on  the  faith  of  the  government.  In  1892  it  nominated  a 
candidate  for  President  and  secured  22  electoral  votes. 
After  this  it  declined  in  strength,  its  membership  being 
gradually  absorbed  by  other  parties.  The  Prohibition  party, 
which  seeks  to  prevent  the  manufacture  and  sale  of  intoxi- 
cating liquors  (p.  393),  has  had  a  national  organization  since 
1872,  and  has  named  presidential  candidates  since  that 
time.  The  Socialist  party  was  organized  with  the  view  of 
promoting  the  cause  of  Socialism   (p.  239).     It  regularly 


PARTY  GOVERNMENT  83 

conducts  a  campaign  for  the  Presidency,  polling  in  1912 
more  than  900,000  votes. 

The  Elasticity  of  Party  Principles.  The  above  sketch  shows 
that  throughout  our  political  history  the  centralizing  and 
decentralizing  forces  have  always  been  at  work.  The  line 
which  divided  the  party  of  Hamilton  from  the  party  of  Jef- 
ferson may  be  clearly  traced  throughout  our  history  as  a 
line  of  party  cleavage.  The  Republican  party  and  its  off- 
shoot, the  Progressive  party,  are  descended  from  the  Feder- 
alists, and  are  the  parties  of  loose  construction;  the  Demo- 
cratic party  comes  in  unbroken  succession  from  the  Demo- 
cratic-Republican party,  and  is  the  party  of  strict  con- 
struction. 

It  must  not  be  thought,  however,  that  the  Democratic 
party  is  always  the  enemy  of  loose  construction  or  that  its 
adversaries  always  oppose  strict  construction.  Each  of  the 
great  parties,  as  we  shall  see  hereafter  (p.  226),  is  a  mighty 
organization,  and  the  leaders  of  each  are  always  striving 
for  the  supremacy.  Victory  depends  upon  votes,  and  in 
order  to  get  votes  a  party  will  sometimes  advocate  measures 
which  are  not  in  strict  accordance  with  its  historic  prin- 
ciples. This  is  the  way  of  political  parties  once  they  have 
grown  powerful.  For  the  sake  of  control  they  will  adapt 
their  principles  to  the  issues  of  the  time.  The  Conserva- 
tive party  in  England  in  1867  ignored  its  past  and  advocated 
an  extension  of  suffrage,  while  the  Liberal  party  turned 
right  about  face  and  opposed  the  extension  of  suffrage. 

It  is  a  fortunate  circumstance  that  the  principles  of  a 
great  political  party  are  elastic.  New  political  issues  are 
always  arising,  and  these  issues  must  be  settled  by  the 
action  of  a  party,  either  by  one  of  the  old  parties  or  by  a 
new  organization.  To  organize  a  third  party  and  carry 
it  to  complete  victory  is  a  task  that  has  not  been  accom- 
plished once  in  our  history.  We  have  had  many  third 
parties,  but  the  history  of  them  all  is  the  same:     "At  the 


84  THE  AMERICAN  GOVERNMENT 

beginning,  a  new  issue,  which  neither  of  the  old  parties  has 
the  courage  to  face  resolutely,  leads  a  certain  number  of 
persons  to  separate  themselves  from  the  organization  with 
which  they  have  previously  acted  and  to  form  a  new  party. 
The  movement  originates  with  the  people  and  not  with  the 
politicians,  and  the  candidates  nominated  by  the  new  party 
are  new  men.  As  soon  as  the  movement  has  developed 
enough  strength  to  make  the  votes  it  can  command  an  object 
of  envy  to  the  weaker  of  the  old  parties  a  period  of  co- 
quetry begins.  At  first  there  is  trading  for  positions  on 
a  fusion  ticket  by  two  independent  parties,  then  there  is 
a  gradual  drawing  together  of  the  two  parties  with  nearly 
identical  platforms  [principles]  and  a  common  ticket,  and 
in  the  end  a  complete  absorption  of  the  third  party  by  its 
more  powerful  ally. ' '  ^  "When  the  absorption  of  a  new 
issue  by  an  old  party  results  in  success,  as  it  frequently 
has  resulted,  the  people  attain  their  object  much  more 
quickly  than  they  would  by  the  tedious  process  of  building 
a  new  party. 

Political  Parties  and  the  Individual.  Political  parties  are 
voluntary  associations  formed  outside  of  the  pale  of  gov- 
ernment. They  are  not  recognized  as  agencies  of  govern- 
ment, and  until  quite  recently  they  have  had  no  legal  ex- 
istence whatever.  Nevertheless  ours  is  a  government  by 
party :  no  important  policy  of  government,  whether  federal. 
State,  or  local,  can  be  adopted  without  the  sanction  of  a 
party,  and  no  one  can  be  elected  to  an  important  office  who 
has  not  first  received  the  endorsement  of  a  party.  Thus 
far  no  one  has  been  able  to  show  how  popular  government 
on  a  large  scale  can  be  conducted  without  the  aid  of  parties. 
Since  we  must  have  parties  and  must  accomplish  our  po- 
litical purposes  through  them,  the  relation  of  the  individ- 
ual to  his  party  presents  itself  as  a  serious  problem  of 
citizenship.  For  reasons  known  to  himself  a  man  has  been 
acting  with  a  certain  party:  under  what  circumstances 
'  Stanwood,  ' '  History  of  the  Tariff, ' '  Vol.  II,  p.  361. 


PARTY  GOVERNMENT  85 

may  he  as  a  good  citizen  leave  his  party?  His  entrance 
into  the  party  was  a  matter  of  choice,  and  he  is  as  free  to 
withdraw  from  it  as  he  was  to  enter  it.  He  is  under  no 
legal  obligations  to  remain  in  his  party,  but  is  he  not  under 
a  moral  obligation  to  withdraw  from  it  when  his  judgment 
and  his  conscience  tell  him  that  its  course  is  wrong  and 
that  the  course  of  another  party  is  right?  When  party 
loyalty  leads  a  man  into  voting  for  dangerous  measures 
and  dishonest  candidates  he  is  not  a  free  citizen,  but  is  the 
victim  of  a  despotism.  Party  loyalty  is  a  good  thing,  but 
loyalty  to  the  interests  of  one's  country  is  an  infinitely 
better  thing;  and  when  a  man  is  convinced  that  his  party 
is  pursuing  an  unpatriotic  course  he  should  break  away 
from  it,  despite  the  cracking  of  the  party  lash. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  the  origin  of  political  parties? 

2.  Describe  the  centrifugal  and  centripetal  forces  of  politics. 

3.  What  were  the  political  views  of  Alexander  Hamilton?  of  Thomas 
Jefferson? 

4.  Sketch  the  history  of  parties  in  the  United  States. 

5.  Name  the  minor  political  parties  and  state  the  principles  held  by 
each. 

6.  How  are  new  issues  absorbed  by  the  great  parties? 

7.  In  what  relation  do  the  parties  stand  to  government? 

8.  In  what  relation  does  the  individual  stand  to  his  party?     When 
should  this  relation  be  severed? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  State  whether  a  Democrat  who  was  guided  solely  by  the  traditions 
and  principles  of  his  party  would  favor  or  oppose:  (a)  the  control  of 
railroads  by  the  federal  government;  (fe)  the  issue  of  money  by  State 
banks;  (c)  the  management  of  elections  by  the  federal  government; 
(d)  the  control  of  telegraph  lines  by  the  State  government;  (e)  the 
planting  of  colonies  by  the  federal  government;  (/)  the  support  of  the 
public  schools  by  the  federal  government;  (g)  the  ownership  of  mines 
by  the  State  government;  (h)  the  control  of  cities  by  the  federal  gov- 
ernment; (i)  the  cooperation  of  the  federal  government  with  local  gov- 
ernment in  road-building. 

2.  What  influences  besides  party  principles  lead  one  to  vote  for  this 
or  that  party? 


86  THE  AMERICAN  GOVERNMENT 

3.  Give  reasons  why  it  is  best  that  the  party  in  power  should  have 
opposition  even  though  its  principles  are  right. 

4.  Compare  the  last  National  Democratic  platform  with  the  last 
National  Eepublican  platform,  and  point  out  the  chief  difference  in  the 
principles  of  the  two  parties.  How  do  the  principles  of  the  Pro- 
gressive party  differ  from  those  of  the  other  great  parties? 

5.  How  many  people  voted  for  the  Democratic  party  in  the  last 
presidential  election?  How  many  for  the  Eepublican  party?  If  the 
Eepublican  vote  for  that  year  should  be  represented  by  a  line  one  yard 
in  length,  how  long  would  be  the  line  which  should  represent  the  Demo- 
cratic vote?  How  long  the  line  representing  the  Prohibition  vote? 
the  Socialist  vote?  the  Progressive  vote? 

6.  Name  a  few  of  the  great  politicians  who  have  figured  in  the  his- 
tory of  this  country.  Who  are  the  great  politicians  of  the  present 
time? 

7.  What  is  a  statesman?  a  partizan?  a  trimmer?  a  mugwump?  an 
independent?  a  henchman? 

8.  Distinguish  between  a  "boss"  and  a  leader. 

9.  Define  faction,  cabal,  junto,  "ring,"  clique. 

10.  Under  what  circumstances  is  a  man  justified  in  deserting  his 
party? 

Toj)%es  for  Special  TForl-.— False  Leaders:  1,  301-312.  Party  Loy- 
alty:    12,  265-269.     Political  Parties  and  Their  History:    2,  455-464. 


XII 

CIVIL  LIBERTY 

Civil  Liberty  Defined.  We  have  now  described  the  several 
devices  by  which  our  political  system  is  operated,  and  have 
described  the  nature  of  the  power  which  has  been  assigned 
to  each  of  the  three  grades  of  government.  For  what  pur- 
pose have  these  ingenious  devices  been  invented  ?  Why  have 
these  nice  adjustments  of  power  been  made?  In  order  that 
we  may  be  secure  in  our  civil  liberty.  And  what  is  civil 
liberty?  It  is  the  liberty  which  a  man  enjoys  in  civil  so- 
ciety; it  is  liberty  under  law.  The  desire  for  freedom  is 
implanted  in  every  human  breast.  History  is  largely  an 
account  of  man's  struggle  for  freedom,  and  the  greatest 
lesson  which  history  has  for  us  teaches  that  man  ought  to 
be  free.  But  there  must  be  limits  to  his  freedom.  Where 
there  is  government  there  must  be  restraints  upon  the  will 
and  upon  the  desires.  The  only  liberty  that  is  possible  in 
society  is  civil  liberty,  which  has  been  defined  as  natural 
liberty  so  far  restrained  (and  so  far  only)  as  is  necessary 
and  expedient  for  public  good.  The  restraints  regarded  as 
necessary  and  expedient  for  the  public  good  are  not  the 
same  in  all  countries.  Civil  liberty,  therefore,  is  not  every- 
where the  same :  in  Germany  it  is  one  thing ;  in  France 
it  is  another  thing;  and  in  the  United  States  it  is  still  an- 
other thing. 

The  Growth  of  American  Civil  Liberty.  The  rights  of  our 
citizenship  seem  to  come  to  us,  like  the  air  and  the  sunshine, 
as  a  matter  of  course,  but  it  seemed  otherwise  to  those  an- 

87 


88  THE  AMERICAN  GOVERNMENT 

eestors  of  ours  who  secured  these  rights.  To  them  civil 
liberty  came  as  the  result  of  hard-fought  battles.  When 
we  read  the  bill  of  rights  in  one  of  our  constitutions,  where 
our  liberties  are  itemized,  our  hearts  would  throb  with  grati- 
tude did  we  know  the  suffering  and  the  sacrifice  which  each 
item  has  cost.  The  history  of  American  liberty  cannot  be 
given  here  in  full,  but  we  must  find  room  for  its  outlines : 

I.  The  Great  Charter.  The  story  of  our  civil  liberty 
may  conveniently  begin  with  an  account  of  the  Great 
Charter.  King  John  of  England  had  been  acting  in  a 
tyrannical  and  unpatriotic  way,  and  the  leading  men  of 
England,  in  order  to  protect  themselves  from  his  cruelty 
and  oppression,  met  (1215  a.d.)  at  Runnymede,  near  Lon- 
don, and  declared  the  rights  of  Englishmen  in  a  formal 
document  which  they  compelled  the  king  to  sign.  This 
document  was  the  famous  Magna  Carta.  ' '  One  copy  of  it, ' ' 
says  Green,  "still  remains  in  the  British  Museum,  injured 
by  age  and  fire,  but  with  the  royal  seal  still  hanging  from 
the  brown  shrivelled  parchment.  It  is  impossible  to  gaze 
without  reverence  on  the  earliest  monument  of  English  free- 
dom, which  we  can  see  with  our  own  eyes  and  touch  with 
our  hands,  the  Great  Charter,  to  which,  from  age  to  age, 
patriots  have  looked  back  as  the  basis  of  English  liberty." 

Since  the  Great  Charter  is  the  basis  of  English  liberty, 
it  is  the  basis  also  of  American  liberty.  It  consists  of  a 
preamble  and  sixty-three  clauses.  The  clauses  of  lasting 
interest  are  the  following: 

1.  "Common  Pleas  shall  not  follow  the  king's  court,  but 
shall  be  held  in  some  certain  place."  (John  had  been  drag- 
ging suits  for  justice  about  from  post  to  pillar,  causing 
them  great  inconvenience  and  expense.) 

2.  "A  freeman  shall  be  fined  for  a  small  offense  after 
the  manner  of  the  offense ;  for  a  great  crime  after  the  hein- 
ousness  of  it."    (Making  the  punishment  suit  the  crime.) 

3.  "No  scutage  (land  tax)  or  aid  (contribution)  shall  be 
imposed  except  by  the  common  council  of  the  nation."  (No 
taxation  without  representation.) 


CIVIL  LIBERTY  89 

4.  "No  freeman  shall  be  taken  or  imprisoned  or  disseized, 
or  outlawed,  or  exiled,  or  in  any  way  destroyed;  nor  will 
we  go  upon  him,  nor  will  we  send  upon  him,  unless  by  the 
lawful  judgment  of  his  peers,  or  by  the  law  of  the  land." 
(Due  process  of  law  and  trial  by  jury.) 

5.  "To  none  will  we  sell,  to  none  will  we  deny  or  delay 
right  or  justice."     (Habeas  corpus.) 

6.  ' '  The  city  of  London  shall  have  all  its  ancient  liberties 
and  free  customs,  and  so  of  all  other  cities,  boroughs,  towns 
and  ports."     (Local  self-government.) 

Swift  and  impartial  justice,  punishment  according  to  the 
offense  committed,  taxation  according  to  the  wishes  of  rep- 
resentatives of  the  people,  trial  by  jury,  habeas  corpus, 
local  self-government — these  are  the  grand  features  of  the 
Great  Charter.  "To  have  produced  it,  to  have  matured 
it,  to  have  preserved  it,  constitute  the  immortal  claim  of 
England  upon  the  esteem  of  mankind.  Her  Bacons  and 
Shakespeares,  her  Miltons  and  Newtons,  with  all  the  truth 
which  they  have  inspired,  are  of  inferior  value  when  com- 
pared with  the  subjection  of  men  and  of  their  rulers  to  the 
principles  of  justice,  if  indeed  it  be  not  more  true  that 
these  mighty  spirits  could  not  have  been  formed  except 
under  equal  laws,  nor  roused  to  full  activity  without  the 
influence  of  that  spirit  which  the  Great  Charter  breathed 
over  our  forefathers. ' '  ^ 

II.  The  Petition  of  Bight.  It  is  easy  to  declare  human 
rights,  but  it  is  difficult  to  defend  and  preserve  them.  John's 
successors  confirmed  the  Great  Charter  whenever  they  were 
compelled  to  do  so,  but  they  violated  its  provisions  when- 
ever they  dared.  During  the  fifteenth  and  sixteenth  cen- 
turies the  aggressions  of  royalty  threatened  to  make  Magna 
Carta  a  dead  letter ;  but  in  the  seventeenth  century  the  spirit 
of  English  liberty  revived.  When  the  Stuarts  began  to 
trample  under  foot  the  most  precious  rights  of  Englishmen 
the  people  revolted.  A  long  and  bloody  conflict  followed. 
One  king  lost  his  life,  another  his  crown,  and  thousands 
^  Mackintosh,  ' '  History  of  England, ' '  Vol.  I,  222. 


90  THE  AMERICAN  GOVERNMENT 

of  citizens  fell  in  civil  strife.  Out  of  the  contest  there  were 
evolved  two  liberty  documents  of  the  highest  importance. 
The  first  of  these  is  the  Petition  of  Bight  which  Parlia- 
ment sent  to  Charles  I  in  1628  and  compelled  him  to  sign. 
This  famous  constitutional  law — for  it,  like  the  Great  Char- 
ter, must  be  regarded  as  part  of  England's  constitution — 
recites  the  rights  of  the  people,  and  protests  against  the 
wanton  infringements  which  were  being  made  by  the  king. 
Among  the  misdeeds  of  the  king  were  the  quartering  of 
troops  in  the  homes  of  private  citizens.  The  petition  prays : 
"That  your  majesty  will  be  pleased  to  remove  said  soldiers 
and  mariners,  and  that  your  people  may  not  be  so  burdened 
in  time  to  come."  Another  complaint  refers  to  the  practice 
of  putting  citizens  to  death  after  a  trial  conducted  by  the 
soldiery.  The  petition  prays :  "  That  commissions  by  martial 
law  be  revoked  and  annulled."  The  Petition  of  Right, 
therefore,  declared  anew  formally  the  ancient  rights  of  Eng- 
lishmen, and  also  enriched  their  civil  liberty  in  two  par- 
ticulars :  first,  it  forbade  the  quartering  of  troops  upon  pri- 
vate citizens;  and,  second,  it  put  an  end  to  the  trial  of 
private  citizens  by  military  courts. 

III.  The  Bill  of  Eights.  No  sooner  had  the  Cromwellian 
power  been  overthrown  and  the  old  monarchy  restored  under 
Charles  II,  than  the  perversity  of  the  Stuart  house  renewed 
itself.  James  II  attempted  to  establish  a  permanent  despot- 
ism, but  he  was  driven  from  his  throne  before  his  purpose 
was  accomplished.  "When  his  successor,  William  III,  was 
invited  to  be  king,  Parliament,  as  an  act  of  precaution, 
declared  (1689)  the  conditions  upon  which  the  crown  was 
to  be  held.  This  declaration,  known  as  the  Bill  of  Bights, 
was  the  second  liberty  document  produced  by  the  conflict 
between  the  Stuarts  and  the  people,  a  document  which  has 
been  called  "the  third  great  charter  of  English  liberty,  and 
the  coping-stone  of  the  constitutional  building."  The  most 
important  of  its  declarations  are  the  following: 

(1)  That  laws  shall  not  be  suspended  or  repealed,  and  that 
taxes  shall  not  be  levied  without  consent  of  Parliament. 


CIVIL  LIBERTY  91 

(2)  That  the  right  of  petition  shall  not  be  denied. 

(3)  That  a  standing  army  shall  not  be  kept  in  time  of 
peace. 

(4)  That  subjects  shall  not  be  deprived  of  the  right  of 
carrying  arms. 

(5)  That  freedom  of  speech  and  debate  in  Parliament 
shall  not  be  impeached  or  questioned  in  any  place  out  of 
Parliament. 

(6)  That  excessive  bail  ought  not  to  be  required,  nor  ex- 
cessive fines  imposed,  nor  cruel  and  unusual  punishments 
inflicted. 

(7)  That  Parliament  ought  to  assemble  frequently. 

IV.  The  Declaration  of  Independence.  The  rights  won 
in  England  accrued  of  course  to  the  English  colonists  in 
America.  When  the  time  for  independence  arrived  the 
Americans  had  several  important  items  to  add  to  the  list 
of  human  rights.  These  they  announced  in  the  Declaration 
of  Independence.     They  declared  : 

(1)  That  all  men  are  equal. 

(2)  That  governments  derive  their  just  powers  from  the 
consent  of  the  governed. 

(3)  That  for  good  reasons  the  people  may  abolish  the  old 
form  of  government  and  institute  a  new  form. 

In  these  three  propositions  are  wrapped  up  the  whole 
doctrine  of  democracy.  In  them  we  see  equality  before  the 
law,  universal  suffrage,  democratic  government  and  consti- 
tutional conventions.  When  we  consider  the  world-wide 
influence  of  these  three  declarations  we  must  regard  them 
as  the  greatest  enlargement  of  civil  liberty  recorded  in  the 
history  of  politics. 

V.  State  Constitutions.  When  the  people  of  the  revolting 
colonies  Avere  ready  to  begin  government  on  their  own  ac- 
count, the  Great  Charter,  the  Petition  of  Right,  the  Bill 
of  Rights  and  the  Declaration  of  Independence  served  as 
texts  for  a  new  and  complete  declaration  of  American  civil 
liberty.    This  declaration  was  made  in  the  State  constitution 


92  THE  AMERICAN  GOVERNMENT 

of  the  newly  formed  States.  If  you  will  examine  the  bill 
of  rights  in  any  State  constitution — the  newer  States  have 
fashioned  their  constitutions  after  those  of  the  older  States 
— you  will  find  that  it  declares  the  rights  affirmed  in  the 
three  great  English  liberty  documents  and  in  the  Declara- 
tion of  Independence.  If  it  does  more  than  this  it  simply 
adds  several  additional  rights  which  have  been  evolved 
from  American  experience. 

VI.  The  Federal  Constitution.  We  have  seen  that  the 
first  ten  amendments  were  hurriedly  added  to  the  Constitu- 
tion as  a  check  upon  the  power  of  the  federal  government. 
The  first  eight  of  these  amendments  bear  a  strong  resem- 
blance to  the  bill  of  rights  of  a  State  constitution,  and  are 
regarded  as  the  bill  of  rights  of  the  federal  Constitution. 
It  ought  to  be  clearly  understood,  however,  that  the  rights 
declared  in  these  amendments  do  not  belong  to  the  American 
citizen  unless  they  are  also  declared  in  the  constitution  of 
the  State  in  which  the  citizen  lives.  The  federal  government 
cannot  deprive  a  citizen  of  any  of  these  rights,  but  the 
State  can.  For  example.  Congress  cannot  abridge  the  free- 
dom of  speech,  but  a  State  legislature  can  do  so  if  the  State 
constitution  does  not  forbid.  The  federal  government  cannot 
guarantee  the  rights  which  the  Constitution  forbids  it  to 
infringe.  It  is  to  the  State  constitution  we  must  look  for 
most  of  the  positive  guarantees  of  our  civil  liberty. 

Constitutional  Liberty  and  its  Preservation.  Thus  it  is 
seen  that  civil  liberty  in  America  means  constitutional  lib- 
erty. In  the  constitutions  we  find  set  down  in  black  and 
white  precisely  the  rights  we  are  to  enjoy.  The  constitutions, 
however,  do  not  create  civil  liberty.  Liberty  is  not  an  ar- 
tificial creation  of  a  convention.  It  is  a  divine  gift  bestowed 
only  upon  those  who  make  themselves  worthy  of  it  by  being 
true  to  the  nobler  impulses  and  longings  of  their  nature. 
All  the  constitution  can  do  is  to  give  liberty  a  voice.  It 
states  in  plain  words  the  rights  which  the  people  claim. 
When  rulers  are  tempted  to  act  tyrannically  the  solemn 


CIVIL  LIBERTY  93 

prohibtions  of  the  constitution  bid  them  pause;  when  the 
majority  is  tempted  to  ignore  the  rights  of  the  minority 
or  of  the  individual,  the  words  of  the  constitution  stare  it 
in  the  face.  If  people  or  rulers  violate  the  bill  of  rights, 
then  the  constitution  is  a  mockery  and  civil  liberty  does 
not  exist. 

Constitutions  do  not  create  rights,  nor  do  they  preserve 
them.  We  have  seen  that  American  civil  liberty  is  the 
fruitage  of  many  centuries  of  costly  and  patriotic  endeavor. 
As  it  has  been  acquired,  so  will  it  be  maintained.  The  pres- 
ervation of  human  rights  will  always  depend  upon  the 
watchfulness  and  zeal  of  those  who  love  freedom.  If  we  do 
not  love  freedom  well  enough  to  fight  for  it,  if  we  prefer 
the  quietude  of  despotism  to  the  boisterousness  of  liberty, 
we  may  be  sure  that  the  lovers  of  power  will  sooner  or  later 
fasten  a  despotism  upon  us.  We  ought,  therefore,  to  culti- 
vate the  habit  of  keeping  our  eyes  upon  our  constitutions, 
and  protesting  whenever  a  right  is  denied,  and  we  ought 
not  to  rest  content  until  the  right  is  regarded  and  the  vio- 
lator of  the  constitution  punished.  More  than  this :  If  the 
people  under  their  constitutions  are  not  enjoying  a  full 
measure  of  civil  liberty  they  should  be  quick  to  use  the 
power  of  amendment  for  securing  additional  rights.  For 
constitutions  ought  to  respond  to  social  needs  and  aspira- 
tions. ''Some  men,"  says  Thomas  Jefferson,  "look  at  con- 
stitutions with  sanctimonious  reverence,  and  deem  them  like 
the  ark  of  the  covenant,  too  sacred  to  be  touched.  But  I 
know  that  laws  and  institutions  must  go  hand  in  hand  with 
the  progress  of  the  human  mind.  As  that  becomes  more  de- 
veloped, more  enlightened,  as  new  discoveries  are  made, 
new  truths  disclosed,  and  manners  and  opinions  change  with 
the  change  of  circumstances,  institutions  must  advance  also 
and  keep  pace  with  them." 

QUESTIONS  ON  THE  TEXT 

1.  Define  civil  liberty. 

2.  What  is  the  Great  Charter?     What  are  its  important  provisions? 


94  THE  AMERICAN  GOVERNMENT 

3.  What  is  the  Petition  of  Eight?  Name  its  most  important  pro- 
visions. 

4.  What  is  the  Bill  of  Eights?  Name  its  most  important  declara- 
tions. 

5.  What  great  principles  of  democracy  are  declared  in  the  Declara- 
tion of  Independence? 

6.  Of  what  is  the  bill  of  rights  in  the  State  constitution  composed? 

7.  What  is  the  origin  of  the  bill  of  rights  of  the  federal  Constitution? 
How  does  this  differ  from  the  bill  of  rights  of  a  State  constitution? 

8.  Explain  the  statement  that  civil  liberty  is  constitutional  liberty. 

9.  How  may  constitutional  liberty  be  preserved  and  enlarged? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Prepare  a  bill  of  rights  for  a  State  constitution,  using  Magna 
Carta,  the  Petition  of  Eight,  the  Bill  of  Eights,  and  the  Declaration 
of  Independence  as  a  basis,  and  after  it  is  prepared  compare  it  with 
the  bill  of  rights  of  your  State  constitution,  and  with  the  first  eight 
amendments  of  the  federal  Constitution. 

2.  Bring  into  the  class  for  inspection  a  facsimile  of  Magna  Carta. 

3.  Prepare  a  five-minute  paper  on  ' '  The  Eeign  of  John. ' '  Green 's 
"Short  History,"  pp.  147-156. 

4.  Prepare  a  five-minute  paper  on  "Charles  First  and  the  Petition 
of  Eight."     Green,  pp.  485-495. 

5.  In  what  respects  are  men  equal? 

6.  What  great  names  are  connected  with  the  cause  of  American  lib- 
erty? 

Topics  for  Special  WorTc. — The  Principles  of  the  Fathers:  3,  1-45. 
Liberty,  Equality,  Fraternity:  4,  78-87. 


XIII 

CIVIL  RIGHTS  AND  DUTIES 

Civil  Rights  and  Political  Rights.  The  rights  flowing  from 
American  civil  liberty  may  be  divided  into  two  classes, 
civil  rights  and  political  rights.  Civil  rights  are  those 
which  a  person  enjoys  as  a  private  citizen,  as  an  individual. 
They  are  enjoyed  under  the  authority  and  sanction  of  gov- 
ernment, but  they  are  not  related  to  the  subject  of  govern- 
ment. Political  rights  are  those  which  belong  to  a  citizen 
regarded  as  a  participator  in  the  affairs  of  government: 
they  may  be  called  the  public  rights  of  citizenship.  Citi- 
zenship does  not  necessarily  carry  with  it  the  whole  body 
of  civil  liberty.  Minors  and  incapables  do  not  have  all  the 
civil  rights,  and  the  political  rights  belong  to  only  about  one 
fifth  of  the  total  number  of  citizens. 

Who  are  Citizens.  Who  are  American  citizens?  This  ques- 
tion was  left  in  doubt  by  the  Constitution  until  the  adop- 
tion of  the  fourteenth  amendment  in  1868.  That  amend- 
ment declares  (150)  that  ''all  persons  born  or  naturalized 
in  the  United  States  and  subject  to  the  jurisdiction  thereof 
are  citizens  of  the  United  States  and  of  the  State  wherein 
they  reside."  Under  this  definition  the  following  have  been 
adjudged  to  be  citizens  of  the  United  States: 

(1)  All  persons  born  in  the  United  States  excepting  the 
children  of  diplomatic  agents  and  of  hostile  aliens. 

(2)  Children  born  in  foreign  countries  whose  parents  at 
the  time  of  their  birth  were  citizens  of  the  United  States. 

95 


96  THE  AMERICAN  GOVERNMENT 

(3)  Women  of  foreign  birth  married  to  citizens  of  the 
United  States. 

(4)  Indians  who  pay  taxes  and  no  longer  live  in  tribal 
relations. 

(5)  Naturalized  persons. 

Persons  who  do  not  belong  to  any  of  the  above  classes 
are  aliens  {alienus,  a  foreigner).  There  are  already  seven 
millions  of  aliens  living  in  our  midst,  and  thousands  of  for- 
eigners enter  the  United  States  every  week.  Aliens  may 
become  citizens  by  complying  with  the  regulations  pre- 
scribed by  Congress  (48)  for  naturalization,  the  process  by 
which  foreigners  lose  citizenship  in  one  country  and  ac- 
quire it  in  another. 


The  process  of  naturalization  is  as  follows:  (1)  At  least  two  years 
before  he  can  be  admitted  as  a  citizen  the  alien  must  appear  before  a 
State  or  a  federal  court  and  take  an  oath  that  it  is  his  intention  to 
become  a  citizen  of  the  United  States  and  ' '  to  renounce  forever  all  alle- 
giance and  fidelity  to  any  foreign  prince  or  state  and  particularly  to 
the  one  of  which  he  may  at  the  time  be  a  citizen  or  subject."  He 
must  also  swear  to  support  the  Constitution  of  the  United  States. 

(2)  Not  less  than  two  years  nor  more  than  seven  years  after  this 
declaration  of  his  intentions  the  alien  may  apply  to  a  federal  or  State 
court  for  full  admission  as  a  citizen.  If  the  judge  of  the  court  is 
satisfied  that  the  alien  is  able  to  speak  the  English  language  and  write 
his  own  name,  that  he  has  resided  in  the  United  States  for  five  years, 
and  that  he  is  a  person  of  good  moral  character,  full  citizenship  will 
be  conferred.  A  person  thus  naturalized  has  the  same  rights  as  native 
born  citizens  of  the  United  States  except  that  he  cannot  become  the 
President  or  Vice-President  of  the  United  States.  The  children  of 
naturalized  persons  are  considered  as  citizens  if  they  were  under 
twenty-one  years  of  age  and  were  dwelling  in  the  United  States  at  the 
time  of  the  naturalization  of  their  parents.  Alien  Chinese  and  Japan- 
ese are  not  entitled  to  be  naturalized.  Persons  professing  the  doctrines 
of  anarchy  and  openly  opposing  all  form  of  organized  government  are 
also  refused  the  gift  of  naturalization. 


The  Civil  Rights  of  State  Citizenship.  The  rights  of  Amer- 
ican citizenship  flow  from  two  sources,  from  the  State  and 
from  the  nation.     Since  each  State  in  a  large  measure  de- 


CIVIL  EIGHTS  AND  DUTIES  97 

termines  for  itself  the  character  of  the  civil  liberty  that 
is  to  be  enjoyed  within  its  borders,  the  rights  of  an 
American  citizen  are  not  everywhere  the  same.  As  we 
travel  through  the  States  our  rights  change  every  time  we 
pass  from  one  State  into  another.  When  the  citizen  of 
one  State  enters  another  State  he  has  the  rights  of  the 
citizens  of  that  State  (116),  and  those  rights  only.  There 
are,  however,  certain  civil  rights  which  are  enjoyed  in 
every  State  in  the  Union  and  which  may  be  called  the 
civil  rights  of  State  citizenship.  These  are  the  rights 
guaranteed  in  the  State  constitutions.  In  the  constitution 
of  almost  every  State  it  is  declared: 

(1)  That  all  men  have  the  right  of  enjoying  and  de- 
fending life  and  liberty,  of  acquiring,  possessing  and  pro- 
tecting property  and  reputation,  and  of  pursuing  their  own 
happiness : 

(2)  That  men  have  a  right  to  worship  God  according  to 
the  dictates  of  their  own  conscience,  and  that  no  prefer- 
ence by  law  should  be  given  to  any  religion,  and  that  no 
person  should  be  disqualified  for  office  on  account  of  his 
religious  belief: 

(3)  That  trial  by  jury  is  a  right  inviolate: 

(4)  That  the  printing-press  shall  be  free,  and  that  every 
citizen  may  freely  print,  write  and  speak  on  any  subject, 
being  responsible  for  the  abuse  of  this  privilege: 

(5)  That  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions  against  unreasonable  searches  and 
seizures,  and  that  no  warrant  to  search  any  place  or  seize 
any  person  shall  issue  without  probable  cause: 

(6)  That  in  all  criminal  prosecutions  the  accused  has  a 
right  to  be  heard  by  himself  and  his  counsel,  to  meet  wit- 
nesses face  to  face,  to  compel  witnesses  who  are  in  favor 
to  come  to  court  and  testify,  and  to  a  speedy  trial  by  an 
impartial  jury: 

(7)  That  no  person  can  be  compelled  to  give  evidence 
against  himself,  nor  be  deprived  of  his  life,  liberty  or  prop- 
erty unless  by  the  law  of  the  land : 


98  THE  AMERICAN  GOVERNMENT 

(8)  That  no  person  for  the  same  offense  shall  be  twice 
put  in  jeopardy  of  life  and  limb: 

(9)  That  all  courts  shall  be  open  and  that  every  man 
shall  have  justice  without  sale,  denial  or  delay: 

(10)  That  excessive  bail  shall  not  be  required,  nor  ex- 
cessive fines  be  imposed,  nor  cruel  punishment  inflicted: 

(11)  That  all  prisoners  shall  be  bailable  by  sufficient 
sureties,  unless  for  capital  offenses: 

(12)  That  the  writ  of  habeas  corpus  ^  shall  not  be  sus- 
pended unless  in  time  of  rebellion  or  invasion : 

(13)  That  there  shall  be  no  imprisonment  for  debt,  un- 
less in  cases  of  fraud: 

(14)  That  citizens  have  a  right  to  assemble  in  a  peace- 
able manner  and  to  apply  to  the  rulers  for  a  redress  of 
grievances : 

(15)  That  the  military  shall  at  all  times  be  kept  in  strict 
subordination  to  the  civil  power: 

(16)  That  no  soldier  in  time  of  peace  be  quartered  in 
any  house  without  the  consent  of  the  owner. 

The  Civil  Rights  of  Federal  Citizenship.  The  first  section 
of  the  fourteenth  amendment  to  the  Constitution  (150) 
creates  a  distinct  federal  citizenship,  and  provides  that  no 
State  shall  abridge  the  privileges  of  that  citizenship.  What 
are  the  privileges  which  a  citizen  of  the  United  States 
enjoys  and  which  no  State  can  abridge?  This  is  a  ques- 
tion which  has  been  constantly  asked  in  the  federal  Su- 
preme Court  since  the  adoption  of  the  fourteenth  amend- 
ment. The  court  will  not  undertake  to  enumerate  all  the 
rights  arising  under  the  amendment,  but  it  has  been  de- 
claring them  from  time  to  time  as  cases  have  been  brought 

*  Whenever  a  man  is  placed  in  confinement  against  his  will  and  the 
fact  is  made  known  to  a  judge  of  a  court,  the  judge,  unless  he  knows 
the  confinement  is  legal,  is  bound,  upon  application,  to  issue  immediately 
a  writ,  called  habeas  corpus,  commanding  the  prisoner  to  be  brought 
before  him  for  examination.  If  there  seems  to  be  cause  for  the  deten- 
tion of  the  prisoner  he  is  sent  back  to  prison  to  await  a  full  trial;  if 
there  seems  to  be  no  cause  he  is  set  free. 


CIVIL  RIGHTS  AND  DUTIES  99 

before  it.  Human  rights  are  acquired  slowly,  and  it  may 
be  many  years  before  we  shall  know  the  full  effect  of  the 
fourteenth  amendment.  At  present  it  is  possible  to  enu- 
merate the  following  as  the  rights  of  federal  citizenship, — 
rights  which  flow  from  the  Constitution,  which  belong  to 
every  citizen  of  the  United  States,  and  which  cannot  be 
denied  by  State  authority: 

I.  Due  Process  of  Law.  No  person  in  the  United  States 
shall  be  deprived  of  life,  liberty  or  property  without  due 
process  of  law.  Here  is  a  right  which  no  State  can  abridge 
(151)  and  which  the  federal  government  itself  cannot  deny 
(152).  A  person  seeking  justice,  whether  in  civil  or  crim- 
inal cases,  under  his  right  of  due  process  may  demand  (1) 
that  there  be  a  court  of  law  for  the  trial  of  his  case;  (2) 
that  the  proceedings  of  the  trial  be  regular;  (3)  that  the 
trial  be  fair.  What  the  regular  course  of  procedure  in  a 
State  court  shall  be  is  a  matter  for  the  State  itself  to 
determine;  but  after  the  State  has  once  decided  upon  the 
course  that  justice  shall  take,  after  it  has  once  established 
the  process  of  law,  it  cannot  deprive  any  person  of  the 
benefits  that  arise  from  those  processes.  What  due  process 
in  the  federal  courts  is  may  be  learned  in  the  fifth,  sixth, 
seventh  and  eighth  amendments  of  the  Constitution. 

II.  Equal  Protection  of  the  Laws.  ' '  Every  person  within 
the  jurisdiction  of  any  State,  whether  he  be  rich  or  poor, 
humble  or  haughty,  citizen  or  alien,  is  assured  of  the  pro- 
tection of  equal  laws  (152) — applicable  to  all  alike  and 
impartially  admiaistered  without  favor  or  discrimination." 
{Guthrie.) 

III.  Protection  on  the  High  Seas  and  in  Foreign  Coun- 
tries. A  citizen  of  the  United  States,  in  whatever  part  of 
the  world  he  may  be,  is  entitled  to  protection  against  in- 
justice or  injury,  and  this  protection  is  a  right  of  federal 
citizenship,  and  is  extended  by  the  federal  government. 

IV.  State  Citizenship.  Every  citizen  of  the  United  States 
has  a  right  to  become  a  citizen  of  a  State  by  a  liona  fide 
residence  therein. 


100  THE  AMERICAN  GOVERNMENT 

The  above  rights  have  been  declared  by  the  federal 
Supreme  Court  to  belong  to  every  person  who  is  a  citizen 
of  the  United  States.  Add  to  these  rights  of  federal  citizen- 
ship the  rights  enumerated  as  belonging  to  State  citizenship 
and  you  have  a  list  of  the  most  important  civil  rights  of  the 
American  citizen. 

The  Duties  of  Citizenship.  The  duties  of  citizenship  are 
always  equal  to  its  rights.  If  I  can  hold  a  man  to  his  con- 
tracts, I  ought  (/  owe  it)  to  pay  my  own  debts;  if  I  may 
worship  as  I  please,  I  ought  to  refrain  from  persecuting 
another  on  account  of  his  religion;  if  my  own  property 
is  held  sacred,  I  ought  to  regard  the  property  of  another 
man  as  sacred;  if  the  government  deals  fairly  with  me 
and  does  not  oppress  me,  I  ought  to  deal  fairly  with  it 
and  refuse  to  cheat  it;  if  I  am  allowed  freedom  of  speech, 
I  ought  not  to  abuse  the  privilege;  if  I  have  a  right  to 
be  tried  by  a  jury,  I  ought  to  respond  when  I  am  sum- 
moned to  serve  as  a  juror;  if  I  have  a  right  to  my  good 
name  and  reputation,  I  ought  not  to  slander  my  neighbor; 
if  government  shields  me  from  injury,  I  ought  to  be  ready 
to  take  up  arms  in  its  defense. 

Civil  rights  are  inseparable  from  civil  duties;  the  con- 
tinued and  full  enjoyment  of  the  former  depends  upon 
the  fulfillment  of  the  latter.  Since  duty  is  largely  a  mat- 
ter of  morals,  good  citizenship  also  would  seem  to  be  a 
question  of  morals.  In  the  last  analysis  this  is  true.  After 
all  is  said,  good  citizenship  is  reached  only  by  the  rough 
path  of  duty,  and  men  will  tread  this  path  not  because  a 
legislature  commands  them,  but  because  conscience  leads 
them  on. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  meant  by  civil  rights?  political  rights? 

2.  What  classes  of  people  are  citizens  of  the  United  States? 

3.  Describe  the  process  of  naturalization. 

4.  Explain  how  the  rights  of  citizenship  may  differ  in  the  different 
States. 


CIVIL  RIGHTS  AND  DUTIES  101 

5.  Enumerate  the  civil  rights  guaranteed  by  the  State. 

6.  What  effect  did  the  adoption  of  the  fourteenth  amendment  have 
upon  the  character  of  citizenship  in  the  United  States? 

7.  Enumerate  and  describe  the  rights  that  grow  out  of  federal  citi- 
zenship. 

8.  What  is  the  relation  of  civic  right  to  civic  duty?  Name  some  of 
our  civic  duties. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Examine  the  Constitution  for  answers  to  these  questions:  (1)  Can 
a  person  be  compelled  in  a  federal  court  to  be  a  witness  against  him- 
self (138)?  (2)  What  are  the  rights  of  an  accused  person  in  a  fed- 
eral court  (139)?  (3)  What  is  the  rule  in  federal  courts  in  reference 
to  witnesses  (140)  ?  (4)  What  is  the  rule  in  reference  to  trial  by  jury 
(141)  ?     (5)  in  reference  to  bail  (142)  ? 

2.  Under  the  fourteenth  amendment  what  are  the  rights  of  an  alien? 
Enumerate  your  individual  rights  as  these  are  declared  in  the  constitu- 
tion of  your  State. 

3.  Political  philosophers  frequently  speak  of  natural  rights.  What 
is  the  root  meaning  of  the  word  natural?  Name  the  rights  which  you 
would  be  inclined  to  class  as  natural. 

4.  What  is  meant  by  the  ' '  inalienable  rights ' '  mentioned  in  the  Dec- 
laration of  Independence? 

5.  Joined  vdth  every  right  there  is  a  duty.  Name  the  duty  which 
belongs  to  each  of  the  rights  of  American  citizenship. 

6.  Discover,  if  you  can,  a  social  or  civil  right  to  which  there  is  not 
a  duty  attached. 

7.  Has  a  student  a  right  to  study  so  hard  that  his  health  is  injured 
thereby? 

8.  Do  you  as  minors  enjoy  all  the  civil  rights?  Name  those  of  which 
you  are  deprived. 

9.  What  does  the  constitution  of  the  State  say  about  aliens? 

A  Hint  on  Beading. — W.  D.  Guthrie,  * '  The  Fourteenth  Amendment. ' ' 

Topics  for  Special  Worlc. — Citizenship :  9,  241-249.  Duties  of  Citi- 
zenship: 5,525-530.  The  Writ  of  Habeas  Corpus:  30,105-110.  The 
Eights  of  Citizenship  under  the  Fourteenth  and  Fifteenth  Amendments: 
30,  100-105. 


XIV 

POLITICAL  RIGHTS  AND  DUTIES 

The  Origin  of  Political  Rights.  Political  rights  invest  the 
citizen  with  the  privilege  of  participating  in  government, 
and  consist  of  the  right  of  voting  at  elections  and  of 
holding  public  office.  These  rights  are  an  outgrowth  of 
the  struggle  for  civil  rights.  In  that  struggle  the  people 
learned  that  a  privileged  ruling  class  could  not  be  trusted. 
They  saw  that  if  their  rights  were  to  be  respected,  govern- 
ment must  pass  either  into  their  own  hands  or  into  the 
hands  of  their  chosen  agents.  Therefore  in  order  that 
they  might  protect  their  civil  rights  they  demanded  the 
reins  of  government.  At  first  the  privilege  of  voting  and 
holding  office  was  granted  only  to  the  leaders  among  the 
people,  to  the  high-born  and  wealthy  and  learned.  Later 
a  middle  class  consisting  of  small  property-holders,  trades- 
men and  artisans  and  professional  people,  saw  that  its 
interests  would  be  promoted  by  a  participation  in  govern- 
ment. It  demanded  political  rights  and  obtained  them. 
Finally  the  propertyless  men  and  the  ignorant  men  began 
to  think  that  their  civil  rights  would  be  worth  more  to 
them  if  they  had  the  right  to  vote.  They  asked  for  the 
right  and  it  was  granted  to  them.  From  first  to  last,  there- 
fore, political  rights  have  grown  out  of  men's  efforts  to 
preserve  and  promote  their  civil  rights. 

The  Elective  Franchise.  The  suffrage,  or  the  right  of 
voting,  is  sometimes  regarded  as  a  natural  right,  as  a  right 
inherent  in  citizenship.     Men  will  say  that  you  might  as 

102 


POLITICAL  RIGHTS  AND  DUTIES  103 

weU  deny  the  right  of  acquiring  property  or  of  defending 
one's  person  from  attack,  as  to  deny  the  right  of  suffrage. 
This  view  is  justified  neither  by  the  facts  of  history  nor 
by  the  present  policy  of  government.  The  right  to  vote 
is  a  franchise  or  privilege  granted  by  the  state  to  such 
citizens  as  are  deemed  worthy  of  possessing  it.  For  a  long 
time  governments  were  accustomed  to  sell  the  elective  fran- 
chise for  a  sum  of  money.  Thus  in  the  early  days  of  New 
York  City  a  man  was  not  allowed  to  vote  until  he  had 
first  paid  twenty-five  dollars  into  the  city  treasury.  With 
the  growth  of  popular  government  the  custom  of  selling 
the  franchise  was  discontinued,  and  the  right  of  voting 
was  conferred  upon  certain  citizens  because  they  possessed 
certain  qualifications.  At  the  time  of  the  Revolution  a 
most  important  qualification  was  the  possession  of  prop- 
erty. Before  a  man  could  vote,  he  must  be  possessed  of  a 
certain  income  or  a  certain  amount  of  land.  "With  the 
progress  of  democracy  in  the  nineteenth  century  the  prop- 
erty qualification  was  gradually  removed. 

In  the  United  States  at  the  present  time  the  qualifications 
of  a  voter  relate  chiefly  to  age,  sex  and  nativity,  although 
in  a  few  instances  an  educational  or  property  qualification 
is  still  required.  Whatever  the  qualifications  may  be,  it 
ought  to  be  noticed  that  they  are  imposed  by  government, 
and  that  the  elective  franchise  is  a  privilege  which  may 
be  granted  or  withheld,  and  is  not  a  right  which  the  citizen 
enjoys  simply  because  he  is  a  citizen. 

Political  Rights  Conferred  by  State  Authority.  Authority 
for  granting  the  suffrage  and  defining  the  qualifications 
of  voters  resides  chiefly  in  the  State.  The  only  restriction 
upon  the  power  of  the  State  to  regulate  the  elective  fran- 
chise is  found  in  the  fifteenth  amendment  to  the  Constitu- 
tion, where  it  is  declared  that  the  right  of  citizens  of  the 
United  States  to  vote  shall  not  be  abridged  by  any  State 
on  account  of  race,  color  or  previous  condition  of  servitude 
(159).     As  long  as  the  State  does  not  violate  this  amend- 


104  THE  AMERICAN  GOVERNMENT 

ment  it  is  free  to  regulate  the  suffrage  in  its  own  way. 
It  may  even  grant  the  elective  franchise  to  aliens  and  may 
withhold  it  from  citizens.  If  the  State  should  violate  the 
fifteenth  amendment  it  is  difficult  to  say  what  would  be 
done.  It  would  seem  that  the  State's  representation  in 
Congress  would  be  decreased,  for  when  the  right  to  vote 
at  any  election  for  President  or  Vice-President,  or  for 
representatives  in  Congress,  is  denied  to  any  of  the  male 
adult  citizens  of  a  State  other  than  criminals,  the  basis 
of  the  State's  representation  in  Congress  may  be  reduced 
in  the  proportion  which  the  number  of  disfranchised  citi- 
zens bears  to  the  whole  number  of  male  adults  in  the  State 
(154).  According  to  this  rule,  if  a  State  with  twelve  repre- 
sentatives in  Congress  should  disfranchise  one-third  of  its 
male  adult  citizens  it  should  lose  four  of  these  representa- 
tives. Its  basis  of  representation,  however,  would  not  be 
reduced  without  action  on  the  part  of  Congress  (158). 

The  Qualifications  of  Voters.  In  all  the  States  the  age 
qualification  for  voting  is  twenty-one  years ;  in  all  the  States 
a  previous  residence  within  the  State  varying  from  six 
months  to  two  years  is  required ;  in  thirty-eight  States  a  voter 
must  be  a  citizen  of  the  United  States ;  in  ten  States  aliens 
may  vote;  in  all  the  States  but  nine  there  is  an  absence  of 
anything  like  an  educational  qualification.  In  all  the  States 
certain  classes  of  persons  are  excluded  from  the  privilege  of 
voting.  Chief  among  these  are  lunatics,  idiots,  paupers  and 
convict  criminals. 

Equal  Suffrage.  In  recent  years  the  question  of  extending 
the  suffrage  to  women  has  arisen  in  legislatures  and  in  con- 
stitutional conventions  and  almost  everywhere  there  is  a 
strong  public  opinion  in  favor  of  allowing  women  to  vote. 
Leading  men  advocate  granting  the  suffrage  to  women  and 
political  parties  in  their  platforms  declare  for  equal  suffrage 
for  men  and  women.  In  Colorado,  Idaho,  Utah,  Wyoming, 
Oregon,  Kansas,  Arizona,  Washington,  Montana,  Nevada, 


POLITICAL  RIGHTS  AND  DUTIES  105 

California  and  Alaska  women  may  vote  at  all  elections.  In 
Illinois  women  may  vote  for  presidential  electors  and  for 
many  important  local  officers.  In  several  other  States  the 
sentiment  for  equal  suffrage  is  very  strong.  The  movement 
for  woman's  enfranchisement  is  not  confined  to  the  United 
States.  The  ballot  has  been  granted  to  women  in  Norway, 
Iceland,  Finland,  Australia,  Denmark  and  New  Zealand, 
and  with  partial  suffrage  in  Sweden.  In  Great  Britain,  a 
campaign  in  behalf  of  equal  suffrage  is  being  carried  on. 

There  can  be  no  doubt  that  the  universal  adoption  of  equal 
suffrage  would  have  a  profound  influence  upon  our  political 
life  but  the  precise  nature  of  that  influence  can  only  be  de- 
termined by  an  extended  experience.  Thus  far  in  the  States 
in  which  equal  suffrage  has  been  established  the  results  upon 
the  whole  have  been  satisfactory.  For  example,  in  Wy- 
oming where  women  have  had  the  ballot  since  1890  the  bene- 
fits of  equal  suffrage  are  acknowledged  by  all.  "I  do  not 
know,"  says  a  Senator  from  Wyoming,  "one  man  who  re- 
gards suffrage  as  anything  else  than  good.  We  feel  that  the 
vote  of  our  women  is  valuable  to  us  in  many  ways  and  I 
believe  that  fully  90  per  cent,  of  them  vote.  Their  in- 
fluence has  compelled  both  parties  to  put  up  good  men  as 
candidates."  Where  women  have  the  suffrage,  their  efforts 
in  political  matters  seem  to  be  directed  largely  to  the  ac- 
complishment of  educational  and  social  reforms,  the  very 
field  of  reform  in  which  so  much  is  to  be  done  and  in  which 
the  influence  of  women  is  most  needed. 

The  Right  of  Holding  Office.  The  right  of  holding  office  is 
more  indeflnite  than  the  right  of  suffrage.  It  may  be  stated 
as  a  general  rule  that  any  one  who  may  vote  is  qualified  to 
hold  office.  It  does  not  follow,  however,  that  because  one 
may  not  vote  one  may  not  hold  office,  for  women  often  hold 
office  even  in  States  in  which  they  have  no  right  to  vote.  Qual- 
ifications for  the  occupants  of  most  officers  are  prescribed 
by  law,  and  these  of  course  must  be  met.  When  there  are  no 
special  legal  qualifications  attached  to  an  office  it  may  usually 


106  THE  AMERICAN  GOVERNMENT 

be  held  by  any  one  who  can  get  himself  elected  or  appointed 
to  it.  A  person  who,  as  a  State  official,  has  taken  an  oath 
to  support  the  Constitution  of  the  United  States  and  who  has 
afterwards  joined  in  rebellion  against  the  United  States  is 
debarred  from  holding  office  (155), 

Duties  of  a  Voter.  The  American  voter  should  regard  him- 
self as  an  officer  of  government.  He  is  one  of  the  members 
of  the  electorate,  that  vast  governing  body  which  consists 
of  all  the  voters,  and  which  possesses  supreme  political 
power,  controlling  all  the  governments,  federal  and  State 
and  local.  When,  therefore,  the  voter  enters  the  poUing- 
booth  and  presumes  to  participate  in  the  business  of  govern- 
ment, he  assumes  serious  responsibilities.  "What  are  the 
duties  of  a  voter  in  a  self-governing  country?  If  an  in- 
telligent man  will  ask  himself  this  question  and  refer  it  to 
his  conscience,  as  well  as  deliberate  upon  it  in  his  mind,  he 
will  conclude  that  he  ought  at  least  to  do  the  following 
things : 

(1)  To  vote  whenever  it  is  his  privilege. 

(2)  To  try  to  understand  the  questions  upon  which  he 
votes. 

(3)  To  learn  something  about  the  character  and  fitness 
of  the  men  for  whom  he  votes. 

(4)  To  vote  only  for  honest  men  for  office. 

(5)  To  support  only  honest  measures. 

(6)  To  give  no  bribe  direct  or  indirect,  and  to  receive 
no  bribe  direct  or  indirect. 

(7)  To  place  country  above  party. 

(8)  To  recognize  the  result  of  the  election  as  the  will 
of  the  people  and  therefore  as  the  law. 

QUESTIONS  ON  THE  TEXT 

1.  What  has  been  the  origin  of  political  rights? 

2.  How  does  the  right  of  voting  differ  from  a  natural  right?     What 
is  the  policy  of  governments  in  reference  to  the  suffrage? 

3.  What  restrictions  are  placed  on  the  State  in  the  matter  of  grant- 
ing suffrage? 


POLITICAL  RIGHTS  AND  DUTIES  107 

4.  State  the  qualifications  which  are  usually  placed  upon  the  suf- 
frage. 

5.  To  what  extent  does  female  suffrage  prevail  in  the  United  States 
and  throughout  the  world? 

6.  What  is  the  general  rule  in  reference  to  the  right  of  holding  office? 

7.  Enumerate  the  duties  of  a  voter. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Examine  the  constitution  of  your  State  for  answers  to  the  fol- 
lowing questions: 

(1)  What  is  the  qualification  of  voters  as  to  age?  as  to  residence 

—  (a)  in  the  State!  (ft)  in  the  comity?  (c)  in  the  elec- 
tion district?  as  to  sex?  as  to  education?  as  to  the  pos- 
session of  property?  as  to  citizenship?  Can  an  alien  vote 
in  this  State? 

(2)  What  special  immunities  have  voters  on  election  day? 

(3)  What  persons  are  disqualified  to  vote  in  this  State? 

2,  Are  the  qualifications  and  disqualifications  mentioned  in  the 
State  constitution  all  just  and  proper?  If  not,  state  where  you  would 
have  changes  made. 

.3.  After  careful  thought  state  the  arguments  for  and  against  an 
educational  qualification  for  voting. 

4.  Discuss  the  subject  of  female  suffrage  from  the  standpoint  (a) 
of  justice,  (b)  of  woman's  fitness  for  voting,  (c)  of  the  effect  upon 
politics,  (d)  of  the  effect  upon  woman  herself,  (e)  of  the  effect  upon 
social  conditions. 

5.  Give  the  meaning  of  the  following  words:  elector,  resident,  in- 
habitant, denizen,  citizen,  subject. 

6.  Would  you  vote  for  or  against  a  bill  that  compelled  citizens  to 
vote?  Give  reasons  for  your  answer.  What  proportion  of  the  voting 
population  of  the  United  States  voted  at  the  last  presidential  election? 

7.  Of  the  duties  of  the  voter  mentioned  in  the  last  section  which 
are  the  easiest  to  fulfil? 

8.  When  you  shall  become  qualified  do  you  intend  to  vote?  What 
personal  advantage  may  you  reap  from  voting?  State  the  losses  that 
society  would  sustain  if  you  should  be  deprived  of  your  right  to  vote. 

9.  Suppose  the  people  of  an  absolute  monarchy  enjoyed  to  the 
fullest  extent  all  civil  rights,  would  they  profit  any  by  having  the 
political  right  granted  to  them? 

10.  What  are  the  constitutional  provisions  in  this  State  in  reference 
to  holding  public  office? 

Topics  for  Special  Worl: — Political  Eights:  1,  62-103.  Suffrage  and 
Elections:  5,  423-430.  Qualifications  for  Voting:  25,  10-21.  The 
Education  of  Voters:  30,  118-126.  The  Eesponsibility  of  Citizenship: 
30,  126-128. 


XV 
A  EEVIEW 

The   Characteristic   Features    of   American    Government. 

The  essentials  of  our  political  system  have  now  been  pre- 
sented. If  we  will  review  the  previous  chapters  and  ana- 
lyze their  contents  we  shall  find  that  the  characteristic 
features  of  the  American  government  may  be  indicated  in 
the  following  propositions : 

I.  It  is  democratic.  It  is  "of  the  people  and  by  them 
and  for  them."  In  small  matters  and  in  great  matters 
the  wishes  of  the  people  are  consulted  and  their  will 
obeyed. 

II.  It  is  representative.  In  but  few  instances  do  we 
find  the  people  governing  as  a  pure  democracy.  They  are 
content  that  the  actual  business  of  government  shall  be 
conducted  by  chosen  officers. 

III.  Its  powers  are  sharply  separated  and  nicely  hal- 
anced.  The  law-maker  has  his  peculiar  duties,  and  so  has  the 
executive  and  the  judge.  Each  department  acts  independ- 
ently of  the  others.  One  department  may  check  another,  but 
it  may  not  control  another  or  usurp  its  powers. 

IV.  It  is  constitutional.  Public  business  is  conducted 
and  laws  are  enacted  according  to  the  plain  provisions 
of  a  formal  instrument.  Officers  of  government  swear  to 
support  the  Constitution,  and  the  people  are  under  a  solemn 
obligation  not  to  violate  it. 

V.  It  is  federal.  Everywhere  a  central  power  admin- 
isters the  great  affairs  which  pertain  to  the  national  wel- 
fare, while  other  affairs  are  left  to  be  administered  by  the 

108 


A  REVIEW  109 

authority  of  the  State.  The  federal  relation  is  firmly  es- 
tablished and  clearly  defined:  the  State  and  the  federal 
government  working  together  give  us  a  Union  which  can- 
not be  dissolved,  and  a  State  which  cannot  be  destroyed. 

VI.  It  is  expansive.  It  is  always  extending  the  area 
of  its  influence.  A  community  under  the  protection  and 
authority  of  the  Union  is  usually  admitted  as  a  State  soon 
after  it  is  prepared  to  govern  itself  in  the  American  way. 

VII.  It  is  decentralized  as  to  local  affairs.  All  power 
does  not  radiate  from  a  central  source.  Large  authority 
resides  in  the  State  as  well  as  in  the  Union,  and  local  self- 
government  lodges  power  in  places  still  further  removed 
from  the  centre. 

VIII.  It  is  conducted  hy  political  parties.  The  popular 
will  is  ascertained  by  the  efforts  of  political  organizations, 
and  the  organization  that  gets  the  most  votes  is  deemed 
the  rightful  possessor  of  political  power. 

IX.  It  yields  a  full  measure  of  civil  liberty.  The  Ameri- 
can people  are  the  political  heirs  of  all  the  ages.  Collec- 
tively they  are  provided  with  every  means  of  resisting 
tyranny  and  injustice,  while  the  individual  citizen  enjoys 
all  the  civil  and  political  rights  that  can  be  enjoyed  con- 
sistently with  the  safety  and  welfare  of  society. 

X.  It  rests  upon  the  performance  of  individual  duty. 
The  more  we  study  the  American  government  the  plainer 
this  truth  appears.  We  learned  at  the  outset  that  the 
success  of  democracy  depends  upon  the  conduct  of  indi- 
viduals, and  in  the  examination  of  the  various  political 
contrivances  by  which  our  government  is  operated  we 
have  discovered  no  device  for  relieving  the  individual  of 
a  personal  performance  of  political  duty. 

The  American  Spirit.  Some  one  has  said  that  in  every 
high  school  and  college  there  should  be  a  "professor  of 
America."  There  is  just  a  little  boastfulness  in  the  utter- 
ance, yet  it  nevertheless  contains  a  sane  suggestion.  One  of 
the  chief  tasks  of  this  ''professor  of  America"  would  be  to 


110  THE  AMERICAN  GOVERNMENT 

trains  his  pupils  to  distinguish  between  that  which  is 
American  and  that  which  is  un-American.  It  should  be 
confessed  that  as  far  as  political  matters  are  concerned 
such  a  training  would  be  useful.  It  is  good  to  be  able 
to  stamp  instantly  and  unerringly  a  political  act  or  move- 
ment or  sentiment  as  American  or  as  un-American. 

The  student  ought  at  this  point  to  be  able  to  tell  what 
is  truly  American  and  what  is  not.  It  is  American  to  trust 
the  people,  to  have  implicit  faith  in  their  ability  to  govern 
themselves;  it  is  un-American  to  be  always  carping  at 
democracy  and  predicting  its  downfall.  It  is  American 
to  recognize  the  moral  and  legal  equality  of  men  and 
to  cherish  the  feelings  of  universal  brotherhood;  it  is  un- 
American  to  foster  the  spirit  of  aristocracy  or  of  class 
hatred.  It  is  American  to  give  power  abundantly  to 
leaders  who  have  been  elected  at  the  polls,  for  such  leaders 
are  real  representatives ;  it  is  un-American  to  submit  tamely 
to  the  rule  of  a  self-appointed  ''boss."  To  encourage  and 
sustain  a  department  of  government  when  it  is  contending 
for  its  rights  is  American ;  to  aid  in  increasing  the  power 
of  a  usurping  department  is  not.  To  accomplish  a  po- 
litical purpose  by  altering  the  Constitution  in  a  formal, 
deliberate  manner  is  American;  to  act  in  wanton  disregard 
of  constitutional  restraint  is  not.  It  is  American  to  exalt 
the  Union,  but  it  is  un-American  to  belittle  the  State.  It 
is  American  for  the  State  authority  to  uphold  and  maintain 
justice  and  law  and  order,  but  it  is  un-American  to  give 
to  the  State  government  the  management  of  affairs  that  are 
purely  local.  It  is  American  to  use  the  political  party  as 
a  means  of  government,  but  to  regard  party  as  the  end 
of  government  is  un-American.  To  enjoy  every  right 
which  belongs  to  a  free  and  enlightened  people  is  Ameri- 
can, but  it  is  un-American  to  insist  upon  a  liberty  that 
runs  into  license  and  riot. 

By  adhering  to  the  American  way  we  shall  preserve  the 
spirit  of  the  American  government,  and  the  spirit  of  a 
government  is  as  important  as  its  form.     "The  letter  kill- 


A  REVIEW  111 

eth,  but  tlie  spirit  giveth  life."  Indeed  the  form  of  the 
American  government  is  only  an  outgrowth  of  the  spirit 
which  animated  its  founders.  The  American  fathers  loved 
liberty  and  believed  the  people  should  have  a  controlling 
hand  in  government,  and  they  drew  the  Constitution  in 
trend  with  their  affections  and  beliefs.  The  spirit  of  the 
fathers  became  the  spirit  of  the  generations  which  followed, 
and  is  the  American  spirit  to-day.  As  long  as  that  spirit 
shall  survive  the  American  citizen  may  say:  "Under  my 
government  I  know  and  exultingly  feel  both  that  I  am 
free  and  that  I  am  not  dangerously  free  to  myself  or  to 
others.  I  know  that  if  I  act  as  I  ought  no  power  on  earth 
can  touch  my  life,  my  liberty,  my  property.  I  have  that 
inward  and  dignified  consciousness  of  my  o^Ya  security 
and  independence  which  constitutes,  and  is  the  only  thing 
which  does  constitute,  the  proud  and  comfortable  sentiment 
of  freedom  in  the  human  breast.  I  know,  too,  and  bless 
God  for  my  own  mediocrity ;  I  know  that  I  cannot,  by  any 
special  favor  or  by  popular  delusion  or  by  oligarchical 
cabal,  elevate  myself  above  a  certain  very  limited  point 
so  as  to  endanger  [incur  the  risk  of]  my  own  fall  or  the 
ruin  of  my  country.  I  know  there  is  a  constitution  that 
keeps  things  fast  in  their  place :  it  is  made  to  us  and  we  are 
made  to  it."     (Edmund  Burke.) 

AN  EXEECISE 

Classify  the  following  as  American  or  un-American,  testing  each  clas- 
sification by  some  fundamental  principle:  (a)  The  people  of  a  State 
choose  as  their  governor  a  man  who  does  not  reside  in  the  State;  (b) 
a  town  with  a  population  of  .500  has  as  many  representatives  as  a  city 
with  a  population  of  100,000;  (c)  a  man  seeks  a  title  of  nobility; 
(d)  a  pupil  seeks  a  medal  awarded  for  scholarship;  (e)  the  State 
government  controls  the  police  force  of  a  city;  (/)  the  State  govern- 
ment controls  the  public  schools  of  a  city;  (g)  the  local  government 
constructs  roads;  (h)  the  federal  government  constructs  roads;  (i)  the 
State  government  constructs  roads;  (j)  a  man  always  votes  with  his 
party;  (fc)  a  man  never  votes  at  all;  (0  the  legislature  raises  the  salary 
of  public  employees;  (m)  the  executive  raises  the  salary  of  public 
employees;  (n)  a  man  contends  that  democracy  is  the  worst  form  of 
government;    (o)  a  man  is  punished  for  contending  that  democracy  is 


112  THE  AMERICAN  GOVERNMENT 

the  worst  form  of  government;  (p)  a  man  was  arrested  for  teaching 
the  doctrine  of  Buddha;  (q)  a  legislator  would  not  receive  a  request 
to  enact  a  certain  law;  (r)  there  was  held  a  mass  meeting  at  which  the 
representatives  of  the  people  were  requested  to  enact  a  certain  law; 
(s)  there  was  held  a  mass  meeting  at  which  the  representatives  were 
commanded  to  enact  a  certain  law;  (t)  the  legislature  of  a  State  passed 
a  resolution  denouncing  the  action  of  a  foreign  government;  (u)  a 
law  provides  that  the  governor  shall  appoint  the  county  commissioners ; 
(v)  a  law  provides  that  the  governor  shall  appoint  the  county  judges; 
(w)  the  federal  government  informed  the  drivers  of  its  mail-carts  that 
they  might  drive  at  a  speed  greater  than  that  permitted  by  the  local 
authorities;  (x)  a  State  made  forty  years  the  age  qualifications  for  vot- 
ii^g;  (y)  a  State  made  seventeen  years  the  age  qualification  for  voting; 
(z)  a  law  forbidding  adults  to  be  on  the  street  after  midnight;  (aa) 
a  law  forbidding  children  under  twelve  years  of  age  to  be  on  the  streets 
after  10  p.  m. 

A  Hint  on  Reading. — C.  G.  Tiedemann,  ' '  The  Unwritten  Constitution 
of  the  United  States ' ' ;  Wright 's  ' '  American  Constitutions. ' ' 


PART   II 

THE  ORGANIZATION  OF  THE  AMERICAN 
GOVERNMENT:  THE  FORM 


XVI 

THE  OEGANIZATION  OF  CONGRESS 

Introductory.  Now  that  the  fundamental  principles  of 
our  government  have  been  learned,  we  may  pass  to  the 
subject  of  its  organization.  "We  shall  study  the  organ- 
ization of  (1)  the  federal  government,  (2)  the  State  gov- 
ernment, (3)  the  local  government,  and  (4)  political  parties. 
The  organization  of  the  federal  government  is  deter- 
mined by  the  Constitution,  Article  I  providing  for  the 
legislature.  Article  II  for  the  executive,  and  Article  III 
for  the  judiciary.  We  can  learn  in  these  Articles  of  the 
qualifications  of  federal  functionaries,  of  the  length  of 
their  terms  of  service,  of  the  manner  of  their  appointment 
or  election,  of  their  duties  and  privileges.  Many  of  the 
facts  of  federal  organization  are  stated  in  the  Constitution 
so  clearly  and  fully  as  to  make  it  unnecessary  to  refer  to 
them  in  the  text.  No  important  facts,  however,  ought 
to  be  neglected  by  the  student,  and  he  will  neglect  none 
if,  in  addition  to  answering  the  questions  on  the  text, 
he  will  also  answer  those  questions  at  the  end  of  the  chapters 
where  reference  is  made  to  the  Constitution. 

Representation  in  Congress.  At  the  time  when  the  Con- 
stitution was  framed  many  novel  theories  of  government 
were  in  circulation,  but  fortunately  the  men  of  the  Con- 
vention avoided  ideal  schemes.  As  practical  statesmen 
they  knew  that  if  their  work  was  to  be  successful  they  must 
plan  for  a  central  government  which  should  resemble  as 
nearly  as  possible  the  government  to  which  the  people  were 
already  accustomed.     Accordingly  it  was  early  determined 

115 


116  THE  AMERICAN  GOVERNMENT 

by  the  Convention  to  take  the  existing  State  government, 
with  its  three  departments,  as  a  pattern  for  the  federal 
structure.  Having  determined  upon  this,  the  next  prob- 
lem was  to  provide  for  a  legislature.  Since  in  all  the  States 
but  two  (Georgia  and  Pennsylvania)  the  legislatures  were 
bicameral,  and  since  a  bicameral  legislature  is  a  charac- 
teristic institution  of  English  speaking  peoples,  the  senti- 
ment for  a  Congress  of  two  houses  easily  carried  the  day  (2) . 
Then  arose  the  question,  how  shall  the  States  be  represented 
in  Congress?  Should  they  be  represented  as  they  had  been 
under  the  Confederation — one  State,  one  vote?  Should 
they  be  represented  according  to  wealth?  Should  they  be 
represented  according  to  population?  These  questions 
gave  the  Convention  a  deal  of  trouble. 

Some  of  the  members  wanted  representation  according 
to  wealth,  but  the  democratic  spirit  in  the  convention  was 
too  strong  for  them.  Virginia  and  several  large  States 
wanted  representation  according  to  population,  while  New 
Jersey  and  several  small  states  contended  that  each  State 
ought  to  have  equal  representation  in  Congress.  Here  was 
a  struggle  between  the  large  States  and  the  small  States,  or, 
regarded  from  another  standpoint,  a  struggle  between  the 
national  principle  and  the  federal  principle.  The  national, 
or  large-State,  party  insisted  that  the  United  States  was  a 
nation,  one  homogeneous  political  society  consisting  of  thir- 
teen sections  or  geographical  districts  called  States,  and 
that  each  of  these  States  ought  to  be  represented  in  the  fed- 
eral Congress  according  to  its  population.  According  to 
this  view  the  new  government  was  to  be  national,  and  if  the 
national  principle  had  fully  prevailed  a  government  re- 
sembling the  centralized  type  (p.  74)  would  have  been 
established.  The  small-State  party  contended  that  the 
United  States  ivere  thirteen  different  political  societies, 
each  the  judge  of  its  own  political  competency,  each  the 
political  equal  of  another,  and  that  since  the  new  gov- 
ernment was  to  be  a  union  of  equals,  each  State  should 
be  equally  represented  in  the  legislature.     The  supporters 


THE  ORGANIZATION  OF  CONGRESS  117 

of  this  idea  desired  the  new  government  to  be  strictly 
federal  and  decentralized. 

The  debate  upon  the  Virginia  plan  and  the  New  Jersey- 
plan  continued  without  the  prospect  of  a  satisfactory  con- 
clusion until  Connecticut  came  forward  with  this  propo- 
sition: Let  each  State,  regardless  of  its  population,  be  rep- 
resented in  the  Senate  by  two  senators  (15)  ;  in  the  House 
let  each  State  be  represented  according  to  its  population 
(7).  The  aged  Franklin  supported  this  compromise: 
' '  When  a  broad  table  is  to  be  made, ' '  he  said  in  his  homely 
wisdom,  "and  the  edges  of  the  planks  do  not  fit,  the  artist 
takes  a  little  from  both  and  makes  a  good  joint."  The 
Connecticut  plan  prevailed  and  a  Congress  was  established 
that  was  partly  federal  and  partly  national. 

In  the  Senate  the  federal  principle  prevails,  but  not 
fully,  for  the  two  senators  are  not  required  to  vote  to- 
gether and  cast  a  single  vote,  as  they  would  be  required 
to  do  under  a  purely  federal  plan.  Nevertheless  it  is  in 
the  Senate  that  we  must  look  for  the  federal  element  of 
our  system,  for  there  a  State  as  a  State  is  strong.  The 
twenty-five  smallest  States  with  their  three  million  voters 
can  wield  more  power  in  the  Senate  than  the  twenty-three 
largest  States  with  their  fifteen  million  voters.  In  a  federal 
republic  there  is  nothing  unjust  in  this.  The  decentralized 
features  of  our  system  cannot  be  maintained  unless  we  keep 
the  States  equal  in  the  Senate. 

The  framers  intended  that  this  equality  should  never  be 
destroyed,  for  when  they  prepared  the  clause  relating  to 
amendment  they  took  care  to  provide  that  "no  State 
without  its  consent  shall  be  deprived  of  its  equal  suffrage 
in  the  Senate"  (124).  According  to  these  words  we  can 
never  amend  the  Constitution  so  as  to  give  a  State 
more  or  less  than  two  Senators.  Of  course  this  is  going 
too  far.  One  generation  cannot  by  a  stroke  of  the  pen 
bind  all  succeeding  generations.  If  the  people  should  want 
this  provision  changed,  the  change  would  have  to  be 
made.     Nevertheless   it   is   not   likely   that   the   "plighted 


118  THE  AMERICAN  GOVERNMENT 

faith  of  past  generations  to  the  small  States"  will  ever  be 
broken. 

In  the  House  of  Representatives  the  national  principle 
prevails,  for  representatives  do  not  appear  as  representing 
States,  but  as  representing  people.  But  the  House  is  not 
national  in  every  respect,  for  in  the  event  that  it  is  required 
to  take  part  in  the  election  of  a  President  (84)  it  votes 
by  States,  the  representation  of  each  State  having  one 
vote — a  recognition  of  the  federal  principle.  IMoreover, 
a  State  must  have  at  least  one  representative  (10),  a  con- 
dition that  is  not  required  under  a  purely  national  system. 
Upon  the  whole,  however,  the  House  is  national;  its  435 
members  represent  not  forty-eight  States,  but  one  hundred 
millions  of  people. 

The  Apportionment  of  Representatives.  When  it  was  pro- 
posed to  give  to  each  State  a  number  of  representatives 
proportional  to  its  population  the  question  of  enumeration 
arose:  Should  every  human  being  count  one?  In  the 
northern  States  there  were  but  few  slaves;  in  some  of 
the  southern  States  there  were  vast  numbers  of  them.  The 
northern  States  were  unwilling  to  be  outnumbered  by 
having  the  slaves  counted;  the  southern  States  wished 
them  to  be  counted.  This  difference  also  ended  in  a  com- 
promise. It  was  agreed  that  five  slaves  should  be  counted 
as  three  persons  (8),  a  rule  which  was  changed  by  the 
fourteenth  amendment,  which  provides  that  in  the  appor- 
tionment of  representatives  to  Congress  all  people  except 
untaxed  Indians  should  be  counted  (153).  The  number  of 
representatives  that  each  State  was  to  have  until  a  census 
could  be  taken  was  fixed  by  the  Constitution  (11).  After 
the  first  census  was  taken  the  apportionment  was  to  be 
regulated  by  Congress  in  accordance  with  the  results  of 
the  census. 

At  the  establishment  of  the  government  one  represen- 
tative was  allowed  for  every  thirty  thousand  inhabitants, 
but  with  the  increase  of  population  it  was  found  necessary 


THE  ORGANIZATION  OF  CONGRESS  119 

to  increase  the  ratio  of  representation.  This  was  done  to 
prevent  the  House  from  becoming  unwieldy  by  reason  of 
numbers.  If  the  original  ratio  had  been  retained  the  House 
of  Representatives  would  now  consist  of  quite  three  thou- 
sand members — a  body  entirely  too  large  for  deliberate  ac- 
tion. The  present  ratio  of  representation  (211,877)  gives  a 
House  of  435  members. 

The  Election  of  Representatives.  Any  one  who  is  quali- 
fied to  vote  for  members  of  the  more  numerous  branch  of 
the  State  legislature  is  qualified  to  vote  for  a  represen- 
tative in  Congress  (4).  The  members  of  the  House  are 
elected  by  a  direct  vote  of  the  people.  For  more  than 
half  a  century  the  States  were  allowed  to  elect  their 
representatives  in  their  own  way,  but  in  1842  Congress, 
exercising  its  power  (24),  ordered  that  when  a  State  was 
entitled  to  more  than  one  representative,  the  representa- 
tives should  be  elected  by  districts  composed  of  contiguous 
territory;  that  the  number  of  these  congressional  districts 
should  be  equal  to  the  number  of  representatives  appor- 
tioned to  the  State;  that  no  district  should  be  entitled 
to  more  than  one  representative.  The  division  of  a  State 
into  congressional  districts  is  left  with  its  legislature.  The 
districts  may  conform  to  such  boundaries  as  the  legislature 
may  decide  upon,  but  they  must  contain  as  nearl}^  as  pos- 
sible the  same  population.  Sometimes  the  dominant  party 
in  the  legislature  "gerrymanders"  the  districts,  that  is, 
marks  them  out  in  a  way  that  is  grossly  unfair  to  the 
minority  party.  A  representative  need  not  reside  in  the 
district  which  he  represents,  but  public  opinion  is  strongly 
in  favor  of  residence  within  the  district.  It  sometimes 
happens  that  a  State,  after  receiving  an  increase  in  the 
number  of  its  representatives,  fails  to  be  re-districted  be- 
fore the  next  congressional  election.  In  such  cases  the 
additional  members  (or  member)  are  elected  by  the  voters 
of  the  whole  State  as  a  general  ticket,  and  are  called 
' '  congressmen-at-large. ' ' 


120  THE  AMERICAN  GOVERNMENT 

The  Election  of  Senators.  For  nearly  a  century  and  a 
quarter  members  of  the  Senate  were  elected  by  the  legisla- 
tures of  the  several  States  (15).  For  more  than  three 
fourths  of  a  century  the  legislature  of  each  State  chose 
United  States  senators  in  its  own  way;  but,  since  disagree- 
ments were  constantly  arising  as  to  the  manner  in  which  the 
election  should  be  held,  Congress,  in  1866,  in  accordance  with 
its  rights  (24),  ordered  that  the  two  houses  of  the  legislature 
should  meet  in  joint  assembly  and  elect  by  joint  ballot;  that 
if,  on  the  first  ballot  no  person  should  receive  a  majority  of 
all  the  votes  in  each  house,  the  balloting  should  continue 
from  daj^  to  day  (at  least  one  vote  being  taken  each  day), 
until  a  senator  should  be  elected  by  a  majority  of  all  the 
votes,  a  majority  of  each  house  being  present. 

This  rule,  though  doubtless  as  good  as  any  that  could  have 
been  devised,  did  not  always  work  well.  The  position  of 
United  States  senator  being  highly  prized  as  an  honor,  the 
struggle  for  it  became  so  keen  as  seriously  to  interfere  with 
the  regular  business  of  the  legislature.  Sometimes,  after  a 
contest  that  had  consumed  much  of  the  time  and  attention  of 
the  entire  session,  the  legislature  was  compelled  to  adjourn 
without  electing  a  senator.  Thus  at  times,  the  rule  not  only 
did  not  work  well,  but  did  not  work  at  all.  It  was  proposed 
that  senators  be  elected  by  a  direct  vote  of  the  people.  To 
do  this  with  full  governmental  authority  required  an  amend- 
ment to  the  Constitution.  Accordingly,  in  1912,  Congress,  by 
a  two-thirds  vote  of  both  Houses  (122)  submitted  to  the 
States  for  ratification  an  amendment  providing  for  the  popu- 
lar election  of  senators.  In  1913  the  amendment  was  adopted 
and  became  a  part  of  the  Constitution  (161). 

Congress  the  Focus  of  American  Political  Life,  Congress, 
by  virtue  of  its  organization,  is  the  political  nerve-center 
of  the  Union.  The  members  of  the  House  come  fresh  and 
direct  from  the  people  of  the  whole  country;  the  voice  of 
the  House  is,  therefore,  the  voice  of  the  nation.  The  sena- 
tors  are   the   federal  ties  which   unite   the    State   govern- 


THE  ORGANIZATION  OF  CONGRESS  121 

ment  with  the  national  government.  In  the  halls  of  Con- 
gress have  been  done  the  things  which  have  made  the 
United  States  the  country  it  is.  As  in  the  past  IMadison, 
Clay,  Webster,  Calhoun,  John  Quincy  Adams,  Sumner, 
Thurman,  Blaine,  workers  in  the  House  and  Senate,  shaped 
the  policies  and  directed  the  course  of  the  American  nation, 
so  in  the  present  the  fortunes  of  the  Union  are  in  the 
hands  of  the  men  we  send  to  Congress.  While  we  keep 
statesmen  there  we  are  safe,  but  if  we  should  allow  Con- 
gress to  become  a  body  of  political  gamesters  we  would 
doubtless  advance  rapidly  to  national  ruin. 

QUESTIONS  ON  THE  TEXT 

1.  "What  problems  of  representation  arose  in  the  Convention  of  1787? 

2.  Explain  the  difference  between  the  national  principle  of  represen- 
tation and  the  federal  principle. 

3.  "What  was  the  Connecticut  compromise? 

4.  In  what  respect  is  Congress  a  national  body?  In  what  respect  is 
it  a  federal  body? 

5.  Why  is  it  likely  that  the  equality  of  the  States  in  the  Senate  will 
not  be  disturbed? 

6.  In  what  manner  are  representatives  apportioned  to  the  several 
States? 

7.  Give  an  account  of  the  election  of  representatives. 

8.  Give  an  account  of  the  election  of  United  States  senators. 

9.  Why  is  Congress  the  center  of  national  politics? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Show  from  the  history  of  the  times  that  the  people  in  1787  needed 
a  government  which  would  accomplish  just  such  objects  as  are  men- 
tioned in  the  preamble  (1). 

2.  What  words  in  the  preamble  reveal  the  democratic  feature  of  our 
Constitution?    What  words  its  federal  feature? 

3.  In  referring  to  the  government  which  has  its  seat  at  Washington, 
why  do  we  sometimes  speak  of  it  as  being  federal  and  sometimes  as 
being  national? 

4.  Give  the  history  of  the  word  "gerrymandering."  Is  there  any 
sign  of  gerrymandering  in  the  boundaries  of  the  congressional  dis- 
tricts of  your  State?  Point  out  the  wrongs  of  gerrymandering.  Bound 
the  congressional  district  in  which  you  live. 

5.  By  referring  to  the  Constitution  answer  the  following  questions, 
and  give  reasons  for  the  constitutional  provisions:     IIow  is  a  member 


122  THE  AMERICAN  GOVERNMENT 

of  the  House  of  Eepresentatives  elected,  and  what  is  the  length  of  his 
term  of  office  (3)  ?  What  are  the  qualifications  of  a  member  of  the 
House  as  to  age,  citizenship  and  residence  (5)  ?  When  is  a  person 
qualified  to  vote  for  representatives  in  the  House  (4)  ?  How  is  a  va- 
cancy in  the  House  of  Eepresentatives  filled  (12)  f  What  are  the 
qualifications  of  a  senator  as  to  age,  citizenship  and  residence  (18)  ? 
When  does  the  Vice-President  have  a  right  to  vote  in  the  Senate  (20)  ? 
Who  presides  at  an  impeachment  trial  when  the  President  has  been  im- 
peached (22)  1  If  the  right  to  membership  in  Congress  is  contested 
how  is  the  question  decided  (26)  ?  How  is  the  compensation  of  mem- 
bers of  Congress  determined  (32)  ?  What  special  privileges  do  mem- 
bers of  Congress  enjoy  (33)  ?  What  circumstance  will  prevent  a  mem- 
ber of  Congress  from  receiving  an  appointment  to  office  under  the 
federal  government  (3i)  ?  What  circumstance  will  disqualify  a  man 
for  membership  in  Congress  (35)  ? 

6.  Should  a  member  of  the  lower  House  consider  the  interests  of 
his  district  as  being  of  more  importance  than  those  of  the  nation? 
Should  a  senator  place  the  interests  of  his  State  above  those  of  the 
nation? 

7.  Congressmen  receive  twenty  cents  for  every  mile  of  travel  to  Wash- 
ington and  return  to  their  homes.  What  is  the  amount  of  the  mileage 
of  the  member  of  the  House  who  represents  your  district? 

Topics  for  Special  WorTc. — The  House  of  Eepresentatives:  7,  33-70. 
The  Senate:  7,  79-125.  Eights  of  Senators  and  Eepresentatives:  6, 
182-186.  An  Apportionment  Bill:  30,  148-149.  The  House  of  Eepre- 
sentatives and  the  House  of  Commons:  30,  149-156.  Popular  Election 
of  Senators :    30,  156-162, 


XVII 

CONGRESS  AT  WORK 

The  Assembling  of  Congress  and  its  Adjournment.  E very- 
year  on  the  first  Monday  in  December  (25)  Congress  as- 
sembles in  the  Capitol  at  Washington,  the  Senate  occupying 
the  north  wing  of  the  building  and  the  House  the  south 
wing.  It  convenes  and  adjourns  by  virtue  of  constitu- 
tional authority,  and  not  by  virtue  of  a  summons  or  an 
order  from  the  executive. 

The  self -convening  and  the  self -adjourning  feature  of 
Congress  is  a  valuable  item  of  American  civil  liberty.  The 
political  history  of  England  had  taught  the  framers  that 
it  was  dangerous  to  make  the  assemblage  and  adjournment 
of  the  legislature  dependent  upon  the  action  of  the  execu- 
tive. Kings  had  refused  to  call  Parliament  together  when 
the  country  needed  its  services,  and  had  dissolved  it  as 
soon  as  it  showed  opposition  to  the  royal  will.  So  the 
framers  placed  the  assembling  and  adjournment  of  Con- 
gress quite  beyond  the  power  of  the  executive  (25). 

The  President,  however,  may  on  extraordinary  occasions 
convene  Congress  in  an  extra  session  (100),  and  he  may 
also  adjourn  Congress  if  the  two  Houses  cannot  themselves 
agree  upon  a  day  for  adjournment  (101). 

When  making  laws  the  two  Houses  must  carry  on  work 
during  the  same  period  of  time,  although  either  House 
may  sit  alone  for  a  period  not  exceeding  three  days  (31). 

The  first  Congress  began  its  legal  existence  March  4, 
1789,  and  expired  at  the  hour  of  noon  March  4,  1791,  when 
the  term  of  the  first  elected  representative  ended;  the  sec- 
ond Congress  came  into  power  March  4,  1791,  and  ended  its 

123 


124  THE  AMERICAN  GOVERNMENT 

career  March  4,  1793;  the  third  Congress  began  March  4, 
1793,  and  ended  March  4,  1795 ;  and  thus  on  to  the  present 
time.  From  this  we  learn  (1)  that  Congresses  are  num- 
bered according  to  the  biennial  periods  for  which  repre- 
sentatives are  elected,  and  (2)  that  the  legal  existence  of 
Congress  begins  on  March  4  following  the  election  of  repre- 
sentatives and  ends  March  4  two  years  later.  Representa- 
tives are  elected  in  November,^  but,  unless  an  extra  session 
is  called,  they  do  not  actually  enter  upon  their  duties  until 
the  December  of  the  first  year  of  their  legal  term — more 
than  a  year  after  their  election.  If  a  Congress  should  choose 
to  do  so,  it  could  sit  in  continuous  session  from  the  time  it 
first  meets  to  the  expiration  of  its  term.  In  practice  the 
work  of  a  Congress  is  done  in  two  regular  sessions.  The  first 
session  begins  when  a  Congress  assembles  in  December  for 
the  first  time  and  usually  ends  late  in  the  spring  or  early  in 
the  summer  of  the  following  year.  This  is  the  long  session. 
The  second  or  short  session  begins  when  the  Congress 
assembles  in  December  for  the  second  time  and  ends  at 
twelve  o'clock  meridian  the  following  March  4.  Extra 
sessions  begin  on  a  date  fixed  by  the  President  and  end  at 
the  pleasure  of  Congress. 

Tlie  House  at  Work.  The  House  consists  of  more  than 
four  hundred  men,  ambitious,  enthusiastic,  and  for  the  most 
part  in  the  prime  of  life.  Every  member  has  his  heart  set 
upon  the  passage  of  at  least  one  bill,  while  many  a  member 
has  a  dozen  which  he  wishes  to  push  through.  In  the 
first  few  days  after  the  assembling  of  the  House  several 
thousand  bills  are  introduced.  The  ruling  purpose  of  the 
individual  members  is  to  get  his  own  measures  passed. 
His  reputation  as  a  useful  public  servant,  and  even  his 
seat  in  Congress  may  depend  upon  his  success  in  this  mat- 
ter. Every  member,  therefore,  strives  with  all  his  might 
to   get  his  favorite  measure   singled   out  and  brought  to 

^  By  a  special  provision  of  the  law  Maine  and  Vermont  are  permitted 
to  elect  their  representatives  in  September. 


CONGRESS  AT  WORK  125 

a  consideration  and  a  vote.  But  every  bill  must  be  duly 
discussed  and  must  be  disposed  of  in  an  orderly,  decent 
way. 

Amid  the  stormy  conflicts  of  interest  which  are  bound  to 
arise  in  the  House,  and  in  the  confusion  and  strife  which 
are  attendant  upon  the  proceedings  of  such  a  large  and 
virile  body,  how  can  business  be  conducted  in  due  form 
and  order?  The  answer  to  this  question  involves  the  con- 
sideration of  (1)  the  speakership,  (2)  the  committee  sys- 
tem, and  (3)  the  rules  of  the  House. 

(1)  The  Speakership.  When  the  members  of  a  new 
House  assemble  for  the  first  time  the  clerk  of  the  previous 
House  calls  them  to  order,  causes  a  roll  to  be  called,  and, 
if  a  quorum  (27)  is  present,  invites  the  House  to  proceed 
with  the  election  of  a  Speaker  (13)  who  is  always  chosen 
from  among  the  members  of  the  House.  After  the  election 
of  the  Speaker  the  other  officers  of  the  House,  the  sergeant- 
at-arms,  the  clerk  and  the  doorkeeper  are  elected,  and  the 
Work  of  the  session  begins. 

The  character  of  the  proceedings  of  the  House  depends 
largely  upon  the  man  selected  as  Speaker.  The  duties  of  the 
Speaker  are  defined  by  the  rules  of  the  House.  He  preserves 
order,  he  signs  all  bills,  he  decides  questions  of  parliamentary- 
law,  he  puts  questions  to  the  House  to  be  voted  upon,  and  he 
recognizes  those  members  whom  he  regards  as  being  entitled 
to  be  heard  upon  the  floor.  No  member  who  fails  to  secure 
the  recognition  of  the  Speaker  is  entitled  to  be  heard.  This 
power  of  recognition,  therefore,  is  most  important. 

(2)  The  Committees.  A  large  legislative  body  in  full 
and  open  session  cannot  look  into  the  merits  and  discuss  all 
the  items  of  every  proposed  bill.  There  must  be  a  method 
of  sifting  proposed  measures  and  rejecting  worthless  and 
absurd  propositions  so  that  the  attention  of  the  legis- 
lature may  be  given  to  serious  and  important  matters. 
From  time  inunemorial  this  preparation  of  measures  has 
been  accomplished  through  the  agency  of  committees, 
small  groups  of  members,  to  each  of  which  is  assigned  the 


126  THE  AMERICAN  GOVERN]\IENT 

duty  of  attending  to  a  particular  brancli  of  legislation. 
The  more  important  committees  of  the  House  consist  of 
from  fifteen  to  twenty-one  members.  The  principal  stand- 
ing committees — committees  which  are  provided  for  by  the 
rules,  and  which  continue  in  existence  through  the  entire 
session — are  those  on  ways  and  means  (p.  274),  appropri- 
ations, the  judiciary,  foreign  relations,  currency,  com- 
merce, pensions,  military  affairs,  elections,  manufactures, 
agriculture,  and  rivers  and  harbors.  The  committees  are 
elected  by  the  House  but  before  the  vote  is  taken  the  mem- 
bership of  each  committee  is  determined  by  party  action. 

The  work  of  the  House  is  effected  through  these  com- 
mittees. When  a  bill  is  introduced  upon  the  floor  of  Con- 
gress it  is  promptly  referred  to  the  appropriate  comjnit- 
tee.  Friends  of  the  bill  may  appear  before  the  committee 
and  speak  in  its  behalf.  The  committee  may  amend  the 
bill,  or  reject  it  outright,  or  pay  no  attention  to  it  what- 
ever. If  a  bill  is  rejected  in  committee,  it  has  little 
chance  of  becoming  a  law.  If  it  is  reported  favorably  to 
the  House,  it  has  a  chance  at  least  of  receiving  serious 
consideration.  A  committee,  besides  reporting  upon  mea- 
sures that  have  been  referred  to  it,  may  report  bills  orig- 
inating with  itself.  In  practice,  before  a  bill  can  become 
a  law  it  must  first  receive  the  favorable  judgment  of  a 
committee.  For  this  reason  much  of  the  most  important 
work  of  Congress  is  done  in  the  committee  rooms. 

(3)  The  Rules.  When  a  bill  is  reported  favorably  by  a 
committee  it  is  usually  placed  upon  the  calendar  along  with 
hundreds,  perhaps  thousands,  of  other  bills.  The  calendar 
is  a  kind  of  catalogue  or  register  of  bills,  and  has  been 
called  "the  cemetery  of  legislative  hopes,"  because  so 
many  bills  are  never  heard  of  again  after  they  reach  it. 
When  a  bill  has  found  its  way  to  the  calendar  its  fate 
henceforth  rests  with  the  rules  of  the  House.  The  rules 
of  procedure  are  determined  by  the  House  itself  (28),  and 
are  framed  with  the  view  of  conducting  business  in  a  fair 
and  orderly  manner.     The  general  rule  in  reference  to  a 


CONGRESS  AT  WOEK  127 

bill  on  the  calendar  is  that  it  must  wait  its  turn  for  con- 
sideration, a  rule  which  if  strongly  enforced  might  post- 
pone action  indefinitely. 

Foremost  among  the  agencies  for  controlling  procedure  in 
the  House  is  the  committee  on  rules,  which  consists  of  eleven 
members,  six  of  whom  belong  to  the  political  party  which  is 
in  a  majority  and  five  of  whom  belong  to  the  minority  party. 
The  committee  on  rules  has  the  high  privilege  of  bringing  in 
at  any  time  ''a  special  rule"  or  order,  by  which  a  certain 
time  may  be  appointed  for  the  consideration  of  a  bill.  It  can 
thus  at  any  time  without  discussion  or  delay  order  any  bill 
to  be  taken  from  the  calendar  for  immediate  consideration. 
This  committee  on  rules  can  also  determine  the  conditions  of 
debate,  how  long  members  may  speak,  whether  amendments 
to  the  bill  may  be  offered  or  not,  when  a  vote  shall  be  taken. 
The  course  of  legislation  in  the  House  is  thus  practically 
determined  by  the  committee  on  rules.  The  first  of  commit- 
tees, therefore,  is  the  committee  on  rules  and  the  first  of  rules 
is  the  special  rule.  The  committee  on  rules,  like  all  the  other 
committees,  is  elected  by  the  House.  Its  membership,  how- 
ever, is  first  determined  by  party  action. 

The  Senate  at  Work. — ^When  a  Congress  expires  two  thirds 
of  the  members  of  the  Senate  retain  their  seats  in  the  next 
Congress  (16).  The  Senate  is  thus  in  part  a  continuous 
body;  "always  changing  it  is  forever  the  same."  It  is  not 
reorganized  at  the  opening  of  every  Congress.  The  Con- 
stitution provides  for  it  a  permanent  presiding  officer  (20)  ; 
the  temporary  President  (21)  and  other  officers  hold  their 
positions  for  indefinite  periods.  Senators  on  an  average 
are  much  older  ^  than  members  of  the  House,  and  they  ex- 
ert a  greater  personal  influence  by  reason  of  their  right 
to  be  consulted  in  reference  to  the  appointment  of  impor- 
tant executive  officers  (96). 

The  continuity  of  its  existence,  the  stability  of  its  or- 
ganization,  the  maturity  and   experience   of  its  members, 
^  The  average  age  of  senators  is  sixty. 


128  THE  AMERICAN  GOVERNMENT 

and  its  great  power  are  all  reflected  in  the  Senate's  pro- 
ceedings. The  Senate  goes  about  legislation  in  a  repose- 
ful, dignified  way.  It  does  not  have  to  hurry,  for  it  al- 
ways has  at  least  four  years  in  which  to  accomplish  its 
purposes.  Senators  take  hold  of  legislation  with  a  mas- 
terful hand,  for  they  bring  to  the  work  the  lessons  of  a 
long  public  career.  The  Senate  sometimes  wields  power  in 
a  manner  that  appears  to  be  arbitrary,  and  it  is  some- 
times accused  of  ignoring  the  rights  of  the  House.  It  will 
ignore  the  rights  of  the  House,  of  course,  if  the  House 
does  not  defend  itself,  just  as  the  House  will  ignore  the 
rights  of  the  Senate  if  it  is  permitted  to  do  so.  We  must 
expect  encroachments,  and  if  a  contest  between  the  House 
and  the  Senate  should  arise  the  people  should  not  be 
surprised,  but  should  cheerfully  settle  the  matter  by  sup- 
porting at  the  polls  the  branch  which  happens  to  be  acting 
in  accordance  with  the  American  spirit. 

The  course  of  legislation  in  the  Senate  is  smoother  than 
it  is  in  the  House.  The  committees  are  elected  by  the  vote 
of  the  Senate,  the  membership  of  each  committee  being  deter- 
mined by  party  action  before  the  vote  in  the  Senate  is  taken. 
On  the  floor  of  the  Senate  there  is  the  utmost  freedom  of 
debate.  Any  senator  may  talk  as  long  as  he  pleases  on  any 
subject  that  comes  up  for  discussion.  The  Senate  could 
adopt  rules  (28)  that  would  curtail  debate  and  hasten  meas- 
ures to  a  conclusion,  as  is  done  in  the  House,  but  it  has  not 
cared  to  do  so.  It  proceeds  upon  the  principle  that  the  more 
fully  a  subject  is  discussed  in  a  serious  way  the  better,  and 
it  assumes  that  no  senator  will  abuse  the  privilege  of  un- 
limited debate  and  talk  merely  to  kill  time.  Senators,  how- 
ever, occasionally  do  talk  to  kill  time.  In  1890  a  senator, 
in  order  to  keep  a  measure  from  coming  to  a  vote,  spoke 
for  fourteen  hours  without  interruption.  In  1903  a  senator, 
wishing  to  force  the  Senate  to  yield  on  a  certain  point, 
placed  Lord  Byron's  complete  works  upon  his  desk  and 
threatened  to  read  every  word  of  them  if  the  Senate  did 
not  do  what  he  wanted  it  to  do.     The  Senate  yielded  be- 


CONGRESS  AT  WORK  129 

cause  the  demand  was  made  in  the  closing  hours  of  a  Con- 
gress and  important  business  was  ahead. 

The  Powers  of  Congress.  The  strictly  legislative  powers 
of  Congress  have  been  referred  to  in  a  general  way 
heretofore.  They  are  enumerated  in  Article  I,  Section 
8  of  the  Constitution.  These  powers  will  receive  par- 
ticular attention  at  appropriate  points  in  subsequent 
chapters.  At  present  it  is  sufficient  to  notice  that  the 
powers  granted  by  the  framers  to  the  new  federal  Con- 
gress are  quite  like  the  powers  granted  to  the  Congress 
of  the  old  Confederation  (p.  42),  the  most  important 
additions  being  (1)  the  taxing  power,  which  gave  the  new 
government  its  dignity  and  strength,  and  (2)  the  power 
to  regulate  commerce,  the  subject,  it  will  be  remembered, 
which  led  up  to  the  calling  of  the  Convention  of  1787.  As 
far  as  the  legislative  powers  are  concerned  the  House  and 
Senate  are  coordinate  branches:  a  bill  passed  by  one  house 
is  not  a  law  until  it  is  passed  by  the  other  also,  and  either 
house  can  originate  and  pass  such  bills  as  it  chooses,  ex- 
cepting that  bills  for  raising  revenue  must  originate  in  the 
House  of  Representatives  (36). 

Two  matters  not  of  a  strictly  legislative  nature  must 
receive  attention  here : 

I.  Impeachment.  When  high  public  officials  are  charged 
with  gross  misconduct  in  office,  as  when  the  President 
is  charged  with  not  enforcing  a  law,  or  a  federal  judge 
is  accused  of  habitual  drunkenness,  they  may  be  reached 
by  the  process  of  impeachment.  Impeachment  begins  in 
the  House  of  Representatives,  where  the  charges  against 
the  unfaithful  officer  must  be  laid  (14).  If  in  the  judg- 
ment of  the  House  the  accused  person  is  guilty,  the  im- 
peachment, or  accusation,  is  carried  to  the  Senate  to  be 
tried  (22).  The  Senate,  while  trying  the  impeachment, 
sits  as  a  court  of  justice.  Witnesses  are  summoned  and 
examined  and  evidence  pro  and  con  is  presented.  If  by 
a  two-thirds  vote  the  Senate  sustains  the  impeachment  the 


130  THE  AMERICAN  GOVERNMENT 

accused  person  is  deprived  of  his  office  (23).  He  may 
afterwards  be  tried  and  punished  in  a  court  of  law  for  his 
offense,  but  such  a  trial  is  not  a  part  of  the  process  of  im- 
peachment. The  main  object  of  impeachment  is  to  protect 
the  government  from  the  acts  of  faithless  officers,  not  to 
punish  crime.  Its  purpose,  therefore,  is  fulfilled  when  the 
offending  officer  is  removed.  Impeachment  is  plainly  a 
judicial  rather  than  a  legislative  function. 

II.  Confirmation  of  Treaties  and  of  Presidential  Ap- 
pointments. A  treaty  (p.  260)  is  a  law  of  the  land  (126). 
It  is  only  right,  therefore,  that  the  legislature  should  par- 
ticipate in  the  treaty-making  power.  The  Constitution 
recognizes  this  principle  to  the  extent  that  treaties  shall 
be  confirmed  by  a  two-thirds  vote  of  the  Senate  (95).  The 
Constitution  also  provides  that  certain  presidential  appoint- 
ments must  be  confirmed  by  the  Senate  (96).  In  the  ex- 
ercise of  this  power  the  Senate  has  established  a  custom 
of  confirming  only  those  appointments  which  are  agree- 
able to  the  senator  from  the  State  in  which  the  appoint- 
ment is  made.  The  senator  to  be  consulted  belongs  to  the 
President's  party.  If  the  State  in  which  the  appointment 
is  made  has  no  senator  of  the  President's  party,  the  party 
leaders  of  the  State  must  be  consulted.  This  deference 
to  the  wishes  of  individual  senators  in  the  matter  of  con- 
firming appointments  is  called  senatorial  courtesy.  The 
application  of  the  rule  of  senatorial  courtesy  almost  dou- 
bles the  power  of  the  Senate,  for  it  has  the  effect  of  tak- 
ing federal  patronage  from  the  President  and  bestowing 
it  upon  Senators.  When  confirming  appointments  the 
Senate  regards  itself  as  acting  in  an  executive  capacity.  It 
holds  its  executive  sessions  behind  closed  doors.  All  purely 
legislative  sessions,  both  of  the  House  and  of  the  Senate,  are 
open  to  the  public. 

QUESTIONS  ON  THE  TEXT 

1.  How  is  Congress  assembled?  How  is  it  adjourned?  Why  were 
these  methods  of  assembling  and  adjourning  adopted? 


CONGRESS  AT  WORK  131 

2.  On  what  principle  are  Congresses  numbered?     When  does  the 
legal  existence  of  a  Congress  begin?    When  does  it  terminate? 

3.  Give  an  account  of  the  two  regular  sessions  of  Congress. 

4.  What  are  the  duties  of  the  Speaker  of  the  House? 

5.  Grive  an  account  of  the  committee  system. 

6.  How  is  it  possible   for   the   committee   on   rules   to   control  the 
course  of  legislation  in  the  House? 

7.  Describe  the  Senate  in  its  leading  characteristic.     On  what  prin- 
ciple is  debate  in  the  Senate  conducted? 

8.  Discuss  in  a  broad  way  the  powers  of  Congress. 

9.  Describe  the  process  of  Impeachment. 

10.  What  is  the  power  of  the  Senate  in  reference  to  treaties  and 
presidential  appointments.     What  is  meant  by  "senatorial  courtesy"? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Answer  the  following  questions  by  referring  to  the  Constitution: 
How  is  a  Speaker  of  the  House  of  Eepresentatives  chosen  (13)  ?  When 
does  the  Vice-President  have  a  vote  in  the  Senate?  When  a  President 
is  impeached  who  presides  at  the  impeachment  trial  in  the  Senate  (20)  ? 
What  constitutes  a  quorum  in  the  House  (26)  ?  How  may  disorderly 
behavior  in  Congress  be  punished  (29)  ?  How  may  a  member  of  Con- 
gress be  expelled  (29)  ?  How  may  a  yea  and  nay  vote  be  secured  (30)  ? 
Give  the  history  of  a  bill  after  it  has  passed  Congress  (37).  How  may 
the  veto  of  the  President  be  overcome  (40)  ?  Under  what  circum- 
stances may  the  President  defeat  a  bill  without  vetoing  it  (41)  ?  To 
what  things  besides  bills  is  the  approval  of  the  President  necessary 
(42)? 

2.  Give  reasons  for  not  allowing  the  Vice-President  to  preside  at 
an  impeachment  trial  when  the  President  is  accused. 

3.  Why  is  it  unfortunate  that  so  long  a  time  should  elapse  between 
the  election  of  Congress  and  its  first  regular  session? 

4.  What  are  the  advantages  and  disadvantages  of  "senatorial  cour- 
tesy"?   What  is  meant  by  "filibustering"? 

Topics  for  Special  Worlc. — Congi-essional  Procedure:  7,  71-78.  The 
Powers  of  Congress:  5,  268-281.  The  Senate,  its  Workings  and  In- 
fluence: 2,  83-93.  The  House  at  Work:  2,  108-114.  The  Committees 
of  Congress:  2,  115-122;  also  30,  162-166.  Freedom  of  Debate  in  the 
Senate:    30,  167-170.    A  Defense  of  the  Senate:    30,  177-184. 


XVIII 

THE  PRESIDENCY 

The  Election  of  the  President.  As  we  have  seen,  a  fatal 
weakness  of  the  Union  under  the  Articles  of  Confederation 
was  the  absence  of  an  executive  to  enforce  the  laws.  The 
Convention  soon  decided  to  remedy  this  defect  by  estab- 
lishing a  strong  executive  department  and  vesting  its 
powers  in  a  President  (78).  How  was  this  officer  to  be 
selected?  This  question  gave  rise  to  a  vast  amount  of  dis- 
cussion. Some  wanted  him  elected  by  Congress,  but  it  was 
said  that  this  would  make  the  executive  dependent  upon 
the  legislature,  and  it  was  highly  important  that  these 
two  branches  should  be  independent  of  each  other.  It 
was  suggested  that  he  be  elected  by  the  Senate,  but  this 
method  was  opposed  as  being  too  aristocratic.  An  elec- 
tion by  a  popular  vote  of  the  whole  country  was  recom- 
mended; this  plan  was  opposed  as  being  too  democratic. 
To  end  the  discussion  a  plan  of  indirect  election  was 
adopted:  the  President  was  to  be  chosen  by  State  colleges 
of  electors,  the  electoral  college  of  each  State  to  have  a 
number  of  electors  equal  to  the  combined  number  of  sena- 
tors and  representatives  to  which  the  State  was  entitled  in 
Congress  (81).  Jlach  State  was  permitted  to  select  its 
electors  in  a  way  agreeable  to  the  legislature  (80).  Each 
of  the  electors  was  to  vote  for  two  persons  (82)  and  the 
person  who  received  the  greatest  number  of  votes  (provid- 
ing it  was  a  number  equal  to  a  majority  of  the  electoral 
votes)  was  to  be  the  President,  and  the  one  who  stood  second 
in  the  list  was  to  be  Vice-President  (85).  If  more  than  one 
person  received  a  number  of  votes  equal  to  a  majority  of  the 

132 


THE  PRESIDENCY  133 

electoral  votes  the  election  of  the  President  was  to  be  made 
by  theflouse  (84). 

The  electoral  plan  as  first  adopted  proved  to  be  as 
clumsy  in  practice  as  it  was  excellent  in  theory.  It  worked 
well  enough  at  the  first  and  second  presidential  elections 
when  Washington  was  the  choice  of  every  elector,  but 
when  in  the  third  election  it  resulted  in  choosing  a  Federal- 
ist (John  Adams)  as  President  and  a  Democrat  (Thomas 
Jefferson)  as  Vice-President,  its  efficiency  as  a  means  of 
expressing  the  popular  will  began  to  be  questioned.  In 
the  fourth  presidential  election  the  electoral  system  as 
devised  by  the  framers  broke  down  almost  completely  and 
the  Constitution  had  to  be  speedily  amended  (146).  By 
Amendment  XII,  which  was  adopted  in  1804,  the  work  of 
the  electoral  college  is  simplified  by  making  the  election 
of  Vice-President  an  affair  distinct  from  the  election  of 
the  President  (147). 

The  State  legislature  may  appoint  the  electors  itself, 
it  may  vest  their  appointment  in  some  other  body,  or  it 
may  call  upon  the  people  to  elect  them.  In  the  early  days 
of  the  Union  the  States  differed  in  their  methods  of  select- 
ing electors.  In  some  States  they  were  elected  by  the 
legislature,  in  some  they  were  elected  by  districts  as  repre- 
sentatives in  Congress  are  at  the  present  time,  while  in  a 
few  States  they  were  elected  on  a  common  ticket.  To-day 
every  State  elects  its  presidential  electors  in  the  same  way 
— on  a  common  ticket  by  a  popular  vote.  Such  uniformity 
is  at  first  sight  almost  amazing.  Why  have  all  the  States 
agreed  to  do  this  thing  in  the  same  way?  Democracy  and 
party  organization  must  answer.  We  still  adhere  to  the 
forms  of  the  electoral  system  as  provided  in  the  twelfth 
amendment,  but  the  spirit  of  that  system  has  long  since 
departed.  The  people  long  ago  took  the  election  of  the 
President  into  their  own  hands.  They  have  done  this 
through  the  agency  of  political  parties,  and  the  require- 
ments of  party  organization  have  produced  uniformity  in 
the   methods   of   electing   the   presidential   electors.     How 


134  THE  AMERICAN  GOVERNMENT 

one  hundred  millions  of  people  actually  accomplish  this 
stupendous  and  inspiring  task  of  selecting  one  of  themselves 
as  their  ruler  may  best  be  told  when  we  come  to  speak  of 
party  organization  (p.  227). 

The  Powers  and  Duties  of  the  President.  The  members 
of  the  Convention  were  distrustful  of  executive  power  and 
were  disposed  to  clothe  the  new  President  with  only  so 
much  authority  as  was  absolutely  necessary.  Neverthe- 
less, they  probably  gave  him  fully  as  much  power  as  an 
executive  ought  to  have.  They  made  him  commander-in- 
chief  of  the  military  forces  (92) ;  they  gave  him  the  power 
of  pardoning  offenses  against  the  government  of  the 
United  States  (94)  ;  they  conferred  upon  him  jointly  with 
the  Senate  the  treaty-making  power  (95)  and  the  power 
of  appointing  foreign  ministers,  consuls,  judges  of  the 
Supreme  Court  and  many  other  federal  officers  (96)  ;  they 
imposed  upon  him  the  function  of  receiving  foreign  am- 
bassadors and  representatives  of  foreign  governments 
(101)  ;  they  gave  him  authority  to  deliver  to  Congress  in 
person,  or  to  lay  before  that  body  in  writing,  messages  set- 
ting forth  the  condition  of  public  affairs  and  recommending 
measures  for  legislation  (100)  ;  they  gave  him  power  to  con- 
vene Congress  in  extraordinary  session  and  to  adjourn  Con- 
gress when  the  two  Houses  cannot  agree  as  to  the  mat- 
ter of  adjournment  (101)  ;  they  gave  him  the  veto 
power  (38). 

The  highest  and  the  chief  duty  of  the  President  is  "to 
take  care  that  the  laws  be  faithfully  executed"  (102). 
This  is  a  purely  executive  duty  and  one  that  the  President 
cannot  escape.  A  law  may  be  distasteful  to  the  President, 
he  may  regard  it  as  hurtful  or  unconstitutional,  yet  as 
long  as  it  is  a  law  he  must  enforce  it.  ' '  As  the  citizen  may 
not  elect  what  laws  he  will  obey  neither  may  the  execu- 
tive elect  which  he  will  enforce."  Should  the  President 
wantonly  refuse  to  execute  a  law  he  would  be  removable 
by  the  process  of  impeachment. 


THE  PRESIDENCY  135 

The  President's  Share  in  Law-making.  While  the  Presi- 
dent is  bound  to  carry  out  laws  that  have  been  made  whether 
he  is  in  sympathy  with  them  or  not,  he  at  the  same  time 
may  do  much  to  prevent  the  enactment  of  laws  obnoxious 
to  himself  and  much  to  secure  the  enactment  of  favorite 
measures.  His  power  of  prevention  lies  in  the  veto.  How 
great  this  power  is  may  be  seen  by  a  simple  calculation.  A 
bill  may  pass  in  the  present  House  of  435  members  by  a 
vote  of  218  to  217,  and  ia  the  Senate  by  a  vote  of  49  to  47. 
Now,  if  the  President  should  veto  the  bill  it  would  require 
72  more  votes  in  the  House  and  15  more  in  the  Senate  (40) 
to  pass  the  measure  over  his  veto.  The  legislative  weight  of 
the  President's  veto,  therefore,  is  nearly  one  sixth  as  great 
as  that  of  Congress  itself. 

In  theory  the  veto  is  placed  in  the  hands  of  the  Presi- 
dent solely  as  a  weapon  for  defending  the  Constitution 
and  the  executive  department  against  the  encroachments 
of  the  legislature;  it  is  not  placed  there  for  the  purpose 
of  making  the  President  a  law-maker.  Early  Presidents 
acted  upon  this  theory,  but  Andrew  Jackson  set  the  ex- 
ample of  using  the  veto  power  to  prevent  the  passage  of 
any  measure  to  which  he  was  opposed;  he  exercised  his  in- 
dependent judgment  on  every  bill  which  Congress  sent 
to  him  and  vetoed  all  bills  to  which  he  objected,  whether 
his  objection  rested  upon  constitutional  reasons  or  upon 
partizan  or  personal  reasons.  In  other  words,  Jackson 
assumed  to  share  with  Congress  responsibility  for  legisla- 
tion, and  his  successors  in  the  Presidency  have  not  hesi- 
tated to  use  the  veto  as  a  real  legislative  engine.  Taking 
it  all  in  all,  however,  Presidents  have  not  abused  the 
veto  power,  and  no  President  is  likely  to  abuse  it  while 
Congress  is  faithful  to  the  Constitution  and  to  the  interests 
of  the  nation. 

The  President's  share  in  law-making  does  not  end  with 
the  negative  power  of  the  veto;  he  possesses  several  legis- 
lative powers  of  a  positive  nature.  In  making  the  laws 
known  as  treaties  (p.  260)   he  takes  the  initiative  and  is 


136  THE  AMERICAN  GOVERNMENT 

coordinate  with  the  Senate.  By  convening  Congress  in 
extra  session  he  can  present  to  that  body  subjects  for  its 
special  consideration.  In  annual  and  special  messages 
he  can  give  his  views  in  respect  to  needed  legislation,  and 
through  his  influence  as  a  party  leader  and  as  a  distribu- 
tor of  patronage  he  can  often  cause  Congress  to  follow  the 
suggestions  contained  in  his  messages. 

Besides  his  constitutional  means  of  reaching  Congress 
the  President  has  another  convenient  method  of  approach- 
ing that  body.  He  may,  through  the  secretaries  of  execu- 
tive departments,  communicate  with  the  committees  of 
Congress  and  cause  them  to  consider  measures  in  which 
he  is  interested.  A  secretary  of  the  President  may  not 
appear  on  the  floor  of  either  House  as  the  advocate  of  a 
measure,  but  he  may  appear  in  a  committee-room  and  act 
as  the  mouthpiece  of  the  President.  When  comimittees  in 
good  faith  invite  an  executive  officer  to  appear  before 
them  and  inform  them  in  reference  to  certain  matters  of 
administration  there  is  no  harm  done,  but  if  the  execu- 
tive department  should  impose  itself  upon  the  committees 
there  would  be  encroachment. 

Succession  to  the  Presidency.  A  vacancy  in  the  office  of 
President  may  occur  by  the  death,  impeachment  or  resig- 
nation of  the  incumbent,  or  by  his  inability  to  discharge 
the  duties  of  his  office.  The  Constitution  provides  a  Vice- 
President  ,  (88)  to  succeed  in  the  case  of  a  vacancy.  If 
for  any  reason  neither  President  nor  Vice-President  can 
serve,  an  officer  designated  by  Congress  (89)  succeeds  to 
the  Presidency.  Under  the  presidential  succession  act  of 
1886  it  is  provided  that  members  of  the  President's  cabi- 
net shall  succeed  to  the  Presidency  in  the  following  order: 
(1)  The  Secretary  of  State,  (2)  the  Secretary  of  the 
Treasury,  (3)  the  Secretary  of  War,  (4)  the  Attorney- 
general,  (5)  the  Post-master-general,  (6)  the  Secretary  of 
the  Navy,  (7)  the  Secretary  of  the  Interior.  The  one  suc- 
ceeding to  the  Presidency  serves  for  the  remainder  of  the 


THE  PRESIDENCY  137 

four  years,  but  any  one  thus  succeeding  must  have  the 
constitutional  qualifications. 

Thus  far  in  our  history  the  only  officer  who  has  been 
called  upon  to  fill  a  vacancy  in  the  Presidency  has  been 
a  Vice-President.  Five  times  such  a  succession  has  oc- 
curred, the  vacancy  each  time  being  caused  by  death.  The 
office  of  Vice-President  is,  therefore,  one  of  great  potential 
importance.  In  selecting  a  Vice-President  we  ought  to  be 
almost  as  careful  as  we  are  when  we  select  a  President. 
A  party  convention,  when  nominating  a  candidate  for  the 
Vice-Presidency,  should  keep  in  mind  the  interests  of  the 
country  as  well  as  the  interests  of  a  party  and  refuse  to 
name  as  candidate  for  Vice-President  any  man  who  would 
not  be  likely  to  acquit  himself  well  in  the  presidential  chair. 

The  President  as  a  Political  Personality.  The  President 
is  the  most  commanding  political  personage  in  the  United 
States.  He  is  not  only  the  fountain  of  executive  energy, 
he  is  also  the  representative  of  a  great  people.  He  reflects 
the  ideals  and  aspirations  and  attributes  of  the  American 
electorate.  If  the  electorate  should  become  vainglorious 
and  selfish  and  low  in  its  standard  of  morality,  it  might 
place  in  the  presidential  chair  a  man  like  unto  itself.  To 
the  honor  of  our  democracy  only  pure  and  honest  men  have 
been  elected  to  the  Presidency,  and  to  the  honor  of  party 
management  no  low  or  vile  man  has  ever  been  named  as 
a  presidential  candidate.  Voters  ought  to  demand  that 
this  high  level  of  personal  character  in  presidential  as- 
pirants be  maintained.  The  Presidency  under  the  Con- 
stitution is  attainable  by  any  natural  born  citizen  (86), 
but  no  citizen  of  smirched  reputation  or  base  character 
should  feel  that  it  is  within  the  range  of  possibility  for 
him  to  become  President.  The  saneness  and  goodness  of 
democracy  will  be  assured  only  so  long  as  it  refuses  to 
ally  itself  with  evil — evil  men  or  evil  policies. 


138  THE  AMERICAN  GOVERNMENT 


QUESTIONS  ON  THE  TEXT 

1.  What  methods  of  electing  the  President  were  suggested  in  the 
Convention  of  1787?    Explain  the  method  which  was  adopted. 

2.  What  were  the  defects  of  the  original  method  of  electing  the 
President? 

3.  In  what  ways  may  presidential  electors  be  chosen?  Why  has  the 
present  method  been  adopted  in  all  the  States? 

4.  What  are  the  constitutional  powers  and  duties  of  the  President? 
What  is  his  greatest  duty? 

5.  Give  an  account  of  the  share  the  President  has  in  law-making. 

6.  In  what  way,  other  than  constitutional,  may  the  President  in- 
fluence Congress? 

7.  How  is  a  successor  to  the  Presidency  provided? 

8.  Why  should  the  personality  of  the  President  be  above  reproach? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Examine  the  Constitution  for  answers  to  the  following  questions: 
What  is  the  length  of  the  President's  term  of  oflSce  (79)?  What  are 
his  qualifications  as  to  residence,  citizenship,  and  age  (86)?  If  neither 
President  nor  Vice-President  can  serve,  how  is  the  office  of  President 
filled  (89)?  Can  a  President  have  his  salary  increased  (90)?  What 
is  the  President's  oath  of  office  (91)  ? 

2.  Many  people  think  that  the  President  should  be  elected  for  a 
term  of  six  years,  and  that  he  should  be  ineligible  for  a  second  term. 
Discuss  this. 

3.  V/hat  are  the  qualifications  for  the  office  of  Vice-President?  What 
are  the  duties  of  the  Vice-President? 

4.  Name  the  qualities  which  should  be  found  in  a  President.  Name 
the  four  Presidents  who  have  been  the  highest  embodiment  of  these 
qualities. 

5.  How  many  Presidents  have  been  elected  a  second  time?  Have  the 
second  administrations  of  Presidents  generally  been  successful? 

6.  Is  the  pardoning  power  a  judicial  or  an  executive  function?  Is 
the  veto  power  a  legislative  or  an  executive  function? 

7.  Prepare  a  five-minute  paper  on  ' '  Federal  Impeachments. ' ' 
Woodburn,  "American  Eepublic,"  231-241;  Callahan,  "Impeach- 
ments," in  Encyclopedia  Americana  under  article  "United  States." 

8.  What  Vice-Presidents  have  succeeded  to  the  Presidency?  Of 
these  how  many  were  especially  fitted  for  the  higher  position? 

Topics  for  Special  Work. — The  President:  8,  185-226.  Presidential 
Powers  and  Duties:  2,  36-51.  Parliamentary  vs.  Eepresentative  Gov- 
ernment:   30,192-196.     Executive  Supremacy :    30,196-202. 


XIX 

THE  FEDERAL  EXECUTIVE  DEPARTMENTS 

The  Cabinet.  Tlie  operations  of  the  executive  department 
of  the  federal  government  affect  the  welfare  "of  nearly  a 
hundred  millions  of  people  and  involve  the  annual  expen- 
diture of  approximately  a  billion  of  dollars.  Responsi- 
bility for  the  smooth  and  efficient  working  of  the  great 
federal  machine  rests  wholly  on  the  President,  but  in  the 
supervision  of  the  executive  business  there  must,  of  course, 
be  division  of  labor.  To  assist  him  in  governing,  the 
President  summons  to  his  aid  assistants  known  as  sec- 
retaries. Washington  began  his  administration  with  three 
secretaries,  a  Secretary  of  State,  a  Secretary  of  the  Trea- 
sury and  a  Secretary  of  War.  As  the  business  of  govern- 
ment increased  the  work  of  the  administration  was  further 
divided  and  new  secretaries  were  brought  in.  The  chief 
assistants  of  the  President  now  number  ten  and  are : 

1.  The  Secretary  of  State. 

2.  The  Secretary  of  the  Treasury. 

3.  The  Secretary  of  War.  j^ 

4.  The  Attorney-general. 

5.  The  Postmaster-general. 

6.  The  Secretary  of  the  Navy. 

7.  The  Secretary  of  the  Interior. 

8.  The  Secretary  of  Agriculture. 

9.  The  Secretary  of  Commerce. 
10.  The  Secretary  of  Labor. 

Each  of  these  secretaries  is  appointed  by  the  President 
and  is  responsible  to  him  for  the  management  of  one  of  the 
great  departments  of  executive  business.     At  stated  times 

139 


140  THE  AMERICAN  GOVERNMENT 

the  secretaries  meet  the  President  for  consultation.  This 
executive  council  is  known  as  the  cabinet.  The  cabinet 
as  a  body  has  no  legal  functions  and  is  unknown  to  the 
Constitution,  although  its  existence  is  foreshadowed  in  the 
words,  ''the  President  may  require  the  opinion  in  writing 
of  the  principal  officers  in  each  of  the  executive  depart- 
ments upon  any  subject  relating  to  the  duties  of  their 
respective  offices"  (93).  Washington,  following  the  let- 
ter of  the  Constitution,  sometimes  communicated  with  his 
secretaries  individually  and  required  the  opinion  of  each  in 
writing.  On  many  occasions,  however,  where  important 
matters  of  administration  were  to  be  settled  he  called  his 
secretaries  together  around  a  council  board.  It  is  said 
of  Jefferson :  ' '  When  a  question  occurred  of  sufficient 
magnitude  to  require  the  opinion  of  all  the  heads  of  de- 
partments he  called  them  together,  had  the  subject  dis- 
cussed and  a  vote  taken  in  which  he  counted  himself  as 
but  one."  From  out  of  these  early  meetings  of  the  Presi- 
dent and  his  secretaries  has  grown  the  cabinet  meeting  of 
to-day.  The  cabinet  meets  at  the  White  House  at  the  call 
of  the  President.  Records  of  its  meetings  are  rarely  kept, 
and  the  public  does  not  know  what  takes  place  at  them.  The 
President  is  not  bound  to  act  according  to  the  wishes  of 
the  cabinet,  nor  does  he  always  do  so.  The  function  of 
the  cabinet  is  to  discuss  and  advise;  it  is  for  the  President 
to  decide  and  act. 

The  Work  of  the  Departments.  It  is  through  his  cabinet 
officers  as  heads  of  departments  (98)  that  the  President 
governs.  The  names  of  these  departments  and  a  brief 
description  of  the  work  done  by  each  will  now  be  given: 

I.  The  Department  of  State  under  the  management  of 
the  Secretary  of  State  attends  to  foreign  affairs.  It  con- 
ducts the  negotiations  which  lead  up  to  the  making  of 
treaties  (p.  261),  instructs  our  foreign  ministers  and  con- 
suls in  their  duties,  extends  official  courtesies  to  the  min- 
isters  from  other  countries,   gives   passports  to   those   in- 


THE  FEDERAL  EXECUTIVE  DEPAETMENTS      141 

tending  to  travel  abroad,  protects  American  citizens  in  other 
lands,  and  transacts  all  other  business  arising  between  our 
government  and  other  governments. 

II.  The  Department  of  the  Treasury  under  the  Secretary 
of  the  Treasury  manages  the  financial  business  of  the  coun- 
try. It  collects  the  internal  revenue  raised  from  whisky 
and  tobacco  (p.  276),  the  revenue  raised  from  the  income 
tax  and  the  corporation  tax,  and  the  custom  duties  levied  on 
foreign  goods  (p.  275)  ;  it  attends  to  the  expenditure  of 
money  appropriated  by  Congress;  it  manages  the  public 
debt;  it  organizes  and  inspects  national  banks;  it  controls 
the  mints  and  supervises  the  making  of  paper  money. 
In  addition  to  its  purely  financial  duties  this  department 
controls  the  life-saving  service  maintained  for  the  rescue 
of  persons  from  shipwreck,  supervises  the  construction  of 
public  buildings,  and  manages  the  marine  hospitals  main- 
tained for  disabled  soldiers. 

III.  The  Department  of  ^Yar  under  the  Secretary  of 
War  has  charge  of  the  land  forces.  It  purchases  supplies 
for  the  soldiers,  controls  the  transportation  of  troops, 
directs  the  improvements  of  rivers  and  harbors,  superin- 
tends the  signal  service  and  controls  the  Military  Academy 
at  West  Point  (p.  357). 

IV.  The  Department  of  Jusiice  under  the  Attorney- 
general  is  the  law  department  of  the  national  government. 
"When  the  President  or  a  member  of  the  cabinet  desires 
legal  advice  it  is  furnished  by  this  department.  When 
the  government  of  the  United  States  is  interested  in  a  case 
in  court,  an  officer  of  the  Department  of  Justice  defends  or 
prosecutes  the  suit. 

V.  The  Post-office  Department  under  the  Postmaster- 
general,  in  addition  to  collecting,  carrying  and  distribut- 
ing the  mail,  maintains  a  parcel  post,  manages  a  system  of 
postal  savings-banks,  establishes  and  discontinues  post- 
offices,  provides  the  public  with  stamps  and  postal  cards,  and 
conducts  a  money  postal-order  system  by  which  money  may 
be  safely  transmitted  to  all  parts  of  the  world   (p.  341). 


142  THE  AMERICAN  GOVERNMENT 

There  are  about  three  hundred  thousand  people  employed  in 
this  department. 

VI.  The  Department  of  the  Navy  under  the  Secretary 
of  the  Navy  purchases  naval  supplies,  provides  for  the 
construction  and  equipment  of  vessels,  supervises  the  navy 
yards  and  docks,  and  controls  the  Naval  Academy  at 
Annapolis.^ 

VII.  The  Department  of  the  Interior  under  the  Secretary 
of  the  Interior  has  charge  of  national  affairs  that  are  of  a 
purely  domestic  nature.  It  examines  pension  claims  and 
grants  pensions,  controls  Indian  affairs,  directs  the  sale 
of  public  lands,  issues  patents  and  copyrights,  superin- 
tends such  educational  interests  as  are  of  a  national  con- 
cern (p.  357),  and  directs  the  work  of  the  geological  sur- 
vey. 

VIII.  The  Department  of  Agriculture  under  the  Secre- 
tary of  Agriculture  diffuses  among  the  people  of  the  United 
States  useful  information  on  subjects  connected  with  agri- 
culture in  the  most  general  and  comprehensive  sense  of 
that  term,  and  procures,  propagates  and  distributes  among 
the  people  new  and  valuable  seeds  and  plants. 

IX.  The  Department  of  Commerce  under  the  Secretary 
of  Com,merce  fosters,  promotes  and  develops  foreign  and 
domestic  commerce,  mining,  manufacturing,  shipping  and 
fishing  industries,  and  transportation  facilities. 

X.  The  Department  of  Lator,  under  the  Secretary  of 
Labor,  promotes  and  develops  the  welfare  of  wage  earners, 
and  also  through  the  agency  of  the  Children 's  Bureau  reports 
upon  the  welfare  of  children. 

The  Organization  of  a  Department.  Each  of  the  ten  de- 
partments has  the  control  of  a  vast  amount  of  executive 
business,  and  it  is  necessary  to  subdivide  the  work  of  a 
department  and  place  an  officer  at  the  head  of  each  sub- 

^For  the  duties  of  the  Secretary  of  War  and  the  Secretary  of 
the  Navy  in  times  of  actual  war,  see  p.  252. 


THE  FEDERAL  EXECUTIVE  DEPARTMENTS      143 

division.  A  subdivision  of  a  department  is  usually  called 
a  bureau,  and  the  head  of  a  bureau  is  called  a  director  or 
commissioner  or  superintendent.  For  example,  in  the  de- 
partment of  Commerce  there  is  a  Bureau  of  the  Census,  a 
Bureau  of  Foreign  and  Domestic  Commerce,  a  Bureau  of 
Standards,  a  Bureau  of  Fisheries,  a  Bureau  of  Navigation, 
and  a  Bureau  of  Light  Houses.  "When  the  work  of  the  secre- 
tary of  a  department  becomes  too  heavy  for  one  man  he  is 
provided  with  as  many  assistant  secretaries  as  may  be 
needful. 

Executive  Work  Outside  the  Departments.  A  few  items 
of  executive  business  have  not  been  assigned  to  any  one 
of  the  ten  great  departments.  The  work  of  the  Interstate 
Commerce  Commission  (p.  339)  is  performed  by  seven  com- 
missioners who  act  independently  of  any  department.  The 
Civil  Service  Commission,  whose  duty  is  to  regulate  and 
improve  the  civil  service  of  the  United  States,  consists  of 
three  commissioners  who  are  responsible  directly  to  the 
President.  The  Federal  Reserve  Board,  which  consists  of 
the  Secretary  of  the  Treasury,  the  Comptroller  of  the  Cur- 
rency, and  five  members  appointed  by  the  President,  and 
which  controls  the  organization  and  operation  of  the  Federal 
Reserve  Banks,  is  an  extra-departmental  agency.  The 
Federal  Trade  Commission,  which  consists  of  five  com- 
missioners appointed  by  the  President,  and  which  has  for  its 
chief  purpose  the  prevention  of  unfair  methods  of  competi- 
tion in  commerce,  is  outside  the  control  of  any  department. 
The  Board  of  Mediation  and  Conciliation,  which  consists  of 
a  commissioner  appointed  by  the  President  and  of  two  other 
officers  of  the  Government  designated  by  the  President,  and 
which  has  for  its  aim  the  settlement  of  disputes  between  the 
employees  of  railroads  and  their  own  employers,  is  respon- 
sible only  to  the  President.  The  Government  Printing 
Office,  the  Library  of  Congress  and  the  Smithsonian  Institu- 
tion are  also  outside  of  departmental  control.     The  chief 


144  THE  AMERICAN  GOVERNMENT 

officers  in  all  these  eases  of  extra-departmental  activity  are 
nominated  by  the  President  and  confirmed  by  the  Senate, 
just  as  other  principal  officers  are. 

The  National  Civil  Service.  There  are  more  than  four  hun- 
dred and  seventy-five  thousand  persons  employed  in  the  exec- 
utive civil  service  of  the  federal  government,  and  every 
person  on  the  list,  from  the  secretary  of  a  department  down, 
receives  his  position  directly  or  indirectly  from  the  Presi- 
dent. Congress  creates  positions,  but  it  cannot  name  the 
persons  who  are  to  fill  them.  It  may  vest  the  appointment 
of  inferior  officers  elsewhere  than  in  the  President  (98),  but 
it  cannot  place  the  appointing  power  beyond  the  Presi- 
dent's reach.  Through  his  secretaries  the  President's 
power  to  appoint  extends  to  all  the  ramifications  of  the 
civil  service. 

And  the  presidential  power  to  remove  is  even  greater 
than  is  his  power  to  appoint.  Most  of  his  appointments 
to  the  higher  offices  must  be  agreed  to  by  the  Senate  (96), 
but  in  the  matter  of  removal  the  Senate  need  not  be  con- 
sulted. The  President  may  remove  any  person  employed 
in  the  federal  executive  service  at  any  time  for  any  reason 
or  for  no  reason. 

Of  course  the  President  cannot  give  special  attention  to 
every  case  of  appointment  and  removal.  In  these  matters, 
as  in  everything  else,  he  must  be  guided  by  the  heads  of 
the  departments.  He  must  also  consult  with  the  senators 
and  representatives  of  the  several  States,  and  he  must  take 
care  to  allot  to  each  State  a  number  of  appointments  pro- 
portioned to  its  population. 

Questions  connected  with  the  appointment  of  the  great 
army  of  government  employees  and  with  the  tenure  of 
their  employment  have  received  much  attention  in  recent 
years.  It  is  generally  agreed  that  the  incoming  President 
should  fill  the  higher  offices  with  men  of  his  own  party, 
for  these  help  to  shape  public  policy  and  should,  there- 
fore, be  members  of  the  political  party  that  is  in  power. 


THE  FEDERAL  EXECUTIVE  DEPARTMENTS      145 

But  should  inferior  officers,  clerks  and  employees  per- 
forming routine  duty  also  be  removed  when  the  admin- 
istration changes?  or  should  they  be  allowed  to  continue 
in  their  places  so  long  as  they  do  their  work  well  and 
conduct  themselves  properly?  For  a  long  time  in  our 
history  these  positions  were  regarded  as  the  spoils  of  po- 
litical warfare,  and  when  a  party  came  newly  into  power, 
practically  all  the  employees  under  the  old  administration 
were  dismissed  and  adherents  of  the  victorious  party  were 
put  into  their  places.  During  the  last  thirty  years,  how- 
ever, there  has  been  developing  a  new  policy  in  respect 
to  civil  service.  In  1883  Congress  provided  for  the  com- 
petitive examination  of  a  large  class  of  employees  in  the 
civil  service,  and  for  appointment  according  to  merit 
rather  than  according  to  party  affiliation.  It  also  provided 
that  removals  shall  not  be  made  for  political  reasons.  The 
rule  of  appointment  according  to  ascertained  merit  has 
been  extended  until  it  now  reaches  almost  every  depart- 
ment of  the  national  civil  service  and  embraces  about  two 
thirds  of  all  the  employees.  Appointees  under  the  competi- 
tive system  hold  their  positions  during  good  behavior  and 
efficient  service.  No  employee,  however,  is  placed  beyond 
the  President's  power  to  remove. 

Note. — The  salaries  of  the  principal  officers  of  the  federal  govern- 
ment are  as  follows: 

President $75,000 

Vice-President 12,000 

Members  of  the  cabinet 12,000 

Chief  Justice  of  the  Supreme  Court 15,000 

Associate   Justices   of   Supreme   Court 14,500 

Judges  of  Circuit  Courts 7,000 

Judges  of  District  Courts 6,000 

Eepresentatives 7,500 

Senators 7,500 

Ambassadors 17,500 

Ministers 10,000 

Members  of  Interstate  Commerce  Commission   ....  10,000 

Members  of  Federal  Trade  Commission 10,000 

Members  of  Federal  Eeserve  Board 12,000 

Heads  of  Bureaus  and  Divisions 3,000  to  6,000 


146  THE  AMERICAN  GOVERNMENT 


QUESTIONS  ON  THE  TEXT 

1.  Name  the  officers  who  form  the  President's  cabinet.  What  is  the 
function  of  the  cabinet? 

2.  Give  a  brief  account  of  the  work  of  each  of  the  nine  great  federal 
executive  departments. 

3.  In  what  manner  is  an  executive  department  organized? 

4.  Mention  several  examples  of  executive  business  which  does  not 
come  under  departmental  control. 

5.  To  what  extent  does  the  President  possess  the  power  of  appoint- 
ment? the  power  of  removal? 

6.  What  is  the  policy  of  the  government  in  reference  to  the  appoint- 
ment and  the  retention  of  employees? 

SUGGESTIVE  QUESTIONS  AND  EXEKCISES 

1.  It  is  often  proposed  that  the  members  of  the  cabinet  be  allowed 
to  appear  in  Congress  and  urge  upon  that  body  the  passage  of  measures 
which  are  desired  by  the  executive.  What  characteristic  principle  of 
our  government  would  such  a  course  violate? 

2.  What  is  meant  by  the  words:  "To  the  victor  belong  the  spoils"? 

3.  To  which  of  the  executive  departments  would  you  take  a  claim  for 
pensions?  a  request  for  a  passport  in  foreign  countries?  an  application 
for  a  patent?  an  application  for  admission  to  the  academy  at  West 
Point?  a  request  for  a  sample  of  a  new  kind  of  seed?  an  application 
for  a  position  in  the  life-saving  service?  a  complaint  of  ill  treatment  in 
a  foreign  land?  a  request  for  a  copyright  on  a  book?  an  application 
for  service  as  an  architect? 

4.  What  is  a  bureaucracy? 

5.  Prepare  a  five-minute  paper  on  "The  organization  and  work  of 
the  Department  of  the  Treasury."  Consult  the  "congressional  direc- 
tory," a  copy  of  which  may  be  obtained  from  your  representative  in 
Congress. 

6.  How  could  you  secure  a  position  as  a  stenographer  in  the  federal 
service?  Consult  report  of  the  Civil  Service  Commission,  a  document 
which  may  be  obtained  by  writing  for  it  to  Washington. 

Topics  for  Special  TFor?;;.— The  Cabinet:  8,  227-245;  2,  64-70.  For 
an  account  of  the  workings  of  the  several  executive  departments  of  the 
National  Government:  16.  The  Cabinet:  30,  211-218.  Civil  Service 
Eeform:    30,  232-237. 


XX 

THE  FEDERAL  JUDICIARY 

The  Independence  of  the  Federal  Judiciary.  Under  the 
Articles  of  the  Confederation  disputes  between  States  as 
to  boundaries  and  eases  involving  charges  of  piracy  or 
felony  committed  on  the  high  sea  could  be  tried  by  Con- 
gress, but  since  there  was  no  executive  to  enforce  the  de- 
cisions the  judicial  power  of  the  old  government  was  a 
mere  shadow.  The  framers  of  the  Constitution  completed 
the  machinery  of  the  new  government  by  establishing  a 
judicial  department  independent  of  the  other  departments 
and  equal  to  them  in  rank  and  dignity.  They  regarded  the 
independence  of  this  third  department  as  of  the  highest 
importance.  The  new  federal  judges  were  to  administer  jus- 
tice not  only  between  man  and  man,  but  between  State  and 
State.  Even  conflicts  of  section  with  section  might  reach 
a  settlement  in  the  decisions  of  the  federal  judiciary.  It 
was  necessary,  therefore,  that  a  federal  judge  in  render- 
ing a  decision  should  fear  neither  the  President  nor  Con- 
gress, that  he  should  incline  neither  to  this  political  party 
nor  to  that,  that  he  should  avoid  anything  like  partiality 
towards  a  particular  section  or  locality,  that  he  should  be, 
as  far  as  possible,  uninfluenced  by  personal  considerations 
of  any  kind.  The  Constitution  does  all  that  can  be  done 
to  secure  an  independent  judiciary.  It  is  true  the  Presi- 
dent appoints  the  federal  judges  (96),  but  once  appointed 
they  cannot  be  removed  except  for  cause  (106),  and  then 
only  by  the  solemn  process  of  impeachment.  Moreover,  the 
salary  of  a  federal  judge  is  secure;  it  may  be  increased, 
but  it  can  never  be  decreased   (106).     Indeed,  the  condi- 

147 


148  THE  AMERICAN  GOVERNMENT 

tions  whicli  surround  the  federal  judiciary  render  it  as 
independent  as  it  is  possible  to  make  it. 

The  Organization  of  the  Federal  Courts.  In  the  adminis- 
tration of  justice  there  is  always  a  gradation  of  courts, 
lower  courts  for  the  least  important  cases,  higher  courts 
for  the  weightier  cases  and  a  highest  or  supreme  court. 
The  men  of  the  Convention  doubtless  had  the  existing 
graded  system  of  State  courts  in  mind  when  they  planned 
for  the  federal  judiciary,  but  in  the  Constitution  they 
indicated  the  organization  of  the  federal  courts  only  in 
the  broadest  manner.  They  provided  for  the  Supreme 
Court  (105)  and  left  the  establishment  and  the  gradation 
of  the  lower  courts  to  the  action  of  Congress.  A  Supreme 
Court  there  must  be,  just  as  there  must  be  a  President, 
but  the  existence  of  the  lower  courts  depends  upon  legis- 
lation. 

One  of  the  first  things  done  by  the  first  Congress  was 
to  pass  (1789)  the  Judiciary  Act  by  which  the  Supreme 
Court  and  the  lower  federal  courts  were  organized.  This 
famous  law  provided  that  the  Supreme  Court  should  consist 
of  a  chief  justice  and  five  associate  justices.  The  office  of 
Chief  Justice  is  established  by  the  Constitution  (22),  but 
the  further  organization  of  the  Supreme  Court  rests  with 
Congress.  The  law  of  1789  also  created  thirteen  judicial 
districts — the  boundaries  of  a  district  coinciding  as  a  rule 
with  those  of  a  State — in  each  of  which  a  district  judge 
was  to  hold  a  District  Court.  It  then  grouped  these  dis- 
tricts into  larger  divisions  called  circuits — a  circuit  em- 
bracing several  States.  In  each  judicial  circuit  a  district 
judge  and  an  associate  justice  of  the  Supreme  Court  were 
to  hold  a  Circuit  Court.  The  Circuit  Court  was  to  be  (as 
its  name  implies)  a  wandering  court,  and  was  to  go  from 
district  to  district  to  hold  its  sessions.  The  Act  of  1789 
further  created  the  office  of  Attorney-general  (p.  141)  and 
provided  a  marshal  (sheriff)   for  each  judicial  district. 

Although  under  the  Judiciary  Act  of  1789  there  were 


THE  FEDERAL  JUDICIARY  149 

three  grades  of  courts, — the  District,  the  Circuit  and  the 
Supreme  Court, — there  were  only  two  grades  of  judges, 
district  judges  and  justices  of  the  Supreme  Court.  In 
1801  Congress  provided  for  sixteen  circuit  judges  for  the 
circuit  courts,  but  through  the  influence  of  Jefferson,  who 
was  jealous  of  the  power  of  the  federal  judiciary,  the  office 
of  circuit  judge  was  abolished  m  the  following  year.  Jeffer- 
son could  not  remove  the  circuit  judges,  and  their  salaries 
could  not  be  taken  from  them,  but  the  act  creating  the  office 
could  be  repealed  and  was  repealed. 

With  the  growth  of  the  population  and  the  admission 
of  new  States  the  work  of  the  courts  became  very  heavy, 
and  in  1869  Congress  found  it  necessary  to  revive  the  office 
of  circuit  judge.  It  provided  for  nine  circuit  judges,  one 
for  each  of  the  nine  circuits  then  existing,  and  at  the 
same  time  made  the  Supreme  Court  to  consist  of  a  chief 
justice  and  eight  associate  justices.  Each  member  of  the 
Supreme  Court  was  assigned  to  one  of  the  nine  circuits  as 
its  circuit  justice.  A  session  of  the  Circuit  Court  could  now 
be  held  by  the  circuit  justice  or  by  a  circuit  judge  or  by 
two  of  the  district  judges  within  the  circuit.  In  practice 
it  was  rare  that  a  member  of  the  Supreme  Court  sat  as  a 
circuit  justice. 

In  1891  Congress  provided  for  the  appointment  of  an  ad- 
ditional circuit  judge  in  each  circuit,  and  additions  were 
afterward  made  in  particular  circuits.  Every  circuit  now 
had  at  least  two  circuit  judges  and  several  circuits  had 
four  judges  each.  The  act  of  1891,  providing  for  the  addi- 
tional judges,  also  created  a  Circuit  Court  of  Appeals  de- 
signed to  relieve  the  Supreme  Court  of  a  part  of  its  work. 
This  court  consisted  of  three  judges  selected  from  the  cir- 
cuit judges  and  district  judges  within  the  circuit,  although 
one  of  the  three  could  be  the  justice  of  the  Supreme  Court 
who  was  assigned  to  the  circuit.  In  1911  Congress  abolished 
the  circuit  courts,  but  retained  the  office  of  circuit  judge 
and  provided  that  circuit  judges  should  sit  as  members  of  the 
Circuit  Court  of  Appeals. 


150  THE  AMERICAN  GOVERNMENT 

The  federal  judiciary,  therefore,  as  organized  under  the 
act  of  1911,  consists  of  three  grades  of  courts : 

I.  One  Hundred  and  Two  District  Courts,  each  with  a 
district  judge.  The  boundaries  of  a  federal  judicial  district 
frequently  coincide  with  those  of  a  State,  although  the  larger 
States  are  divided  into  several  districts. 

II.  Nine  Circuit  Courts  of  Appeal,  composed  of  regular 
circuit  judges  and  of  judges  of  the  other  courts,  three  judges 
being  necessary  to  try  a  case. 

The  First  Circuit  consists  of  Maine,  Massachusetts,  New  Hampshire, 
Ehode  Island.  Second — Connecticut,  New  York,  Vermont.  Third — 
Delaware,  New  Jersey,  Pennsylvania.  Fourth — Maryland,  North  Caro- 
lina, South  Carolina,  Virginia,  West  Virginia.  Fifth — Alabama,  Flor- 
ida, Georgia,  Louisiana,  Mississippi,  Texas.  Sixth — Kentucky,  Michi- 
gan, Ohio,  Tennessee.  Seventh — Illinois,  Indiana,  Wisconsin.  Eighth 
— Arkansas,  Colorado,  Oklahoma,  Iowa,  Kansas,  Minnesota,  Missouri, 
Nebraska,  New  Mexico,  North  Dakota,  South  Dakota,  Utah,  Wyoming. 
Ninth — Alaska,  Arizona,  California,  Idaho,  Montana,  Nevada,  Oregon, 
Washington,  Hawaii. 

III.  The  Supreme  Court,  consisting  of  the  Chief  Justice 
and  eight  associate  justices.  This  court  holds  its  regular 
sessions  in  the  Capitol  at  Washington,  sitting  from  October 
to  July.  The  presence  of  at  least  six  judges  is  required  in 
the  trial  of  a  case,  and  the  judgment  of  a  majority  is 
necessary  in  rendering  a  decision.  The  Chief  Justice  pre- 
sides at  the  sessions  of  the  court,  but  when  the  court  is 
forming  its  decision  he  is  on  an  equality  with  the  other 
judges.  He  has  but  one  vote,  and  that  is  often  cast  with 
the  minority.  In  authority  and  dignity  the  Supreme  Court 
of  the  United  States  transcends  all  other  judicial  tribunals. 

Federal  Courts  Outside  the  Federal  System.  Exercising 
federal  authority,  but  not  a  part  of  the  federal  judicial 
system  described  above  is  the  Court  of  Claims,  established 
in  1855  for  the  purpose  of  hearing  claims  founded  upon 
contracts  made  with  the  government  of  the  United  States. 


THE  FEDERAL  JUDICIARY  151 

The  judgments  of  this  court  being  against  a  sovereign 
state  cannot  be  enforced  against  the  government  as  judg- 
ments are  enforced  against  private  persons.  They  are  satis- 
fied out  of  money  appropriated  by  Congress  for  the 
purpose.  The  Court  of  Claims  holds  its  sessions  in  Wash- 
ington. 

Other  courts  outside  of  the  regular  federal  system  are 
the  territorial  courts  (p.  186),  and  the  courts  which  have 
been  established  by  the  District  of  Columbia.  These  are 
not  the  federal  courts  contemplated  in  the  Constitution; 
they  are  ordinary  law  courts  established  by  Congress  in 
pursuance  of  its  power  to  govern  the  Territories  (119)  and 
the  District  of  Columbia  (61).  Their  functions  correspond 
to  that  of  the  law  courts  of  a  State  (p.  178). 

Officers  of  the  Federal  Courts.  Every  district  must  be 
supplied  with  a  district  attorney,  a  marshal  and  a  clerk. 
The  district  attorney  prosecutes  and  defends  in  the  federal 
courts  suits  to  which  the  United  States  is  a  party.  The 
marshal  is  the  federal  sheriff  (p.  198).  He  executes  the 
judgments  and  orders  of  the  court.  The  marshal  is  the 
connecting  link  between  the  judiciary  and  the  executive. 
He  acts  under  the  order  of  the  court,  but  in  the  name  of 
the  President.  In  the  enforcement  of  a  decision  of  the 
court  he  may  call  to  his  aid  a  posse  of  citizens  and  even 
the  federal  army.  If  the  President  should  refuse  to  fur- 
nish the  force  necessary  to  execute  a  decree  of  the  court, 
he  would  thereby  paralyze  the  arm  of  the  judiciary.  The 
clerk  (appointed  by  the  court)  keeps  a  record  of  the  pro- 
ceedings of  the  court.  The  officers  of  a  district  court 
serve  also  as  officers  of  a  circuit  court.  District  attorneys 
and  marshals  are  appointed  by  the  President. 

The  Kinds  of  Cases  Tried  in  the  Federal  Courts.     The 

Constitution  plainly  enumerates  the  kinds  of  cases  that 
may  be  tried  in  the  federal  courts  (Article  III,  Section  2). 
The  reason  for  trying  these  cases  by  federal  authority  in- 


152  THE  AMERICAN  GOVERNMENT 

stead  of  trying  them  in  State  courts  have  been  stated  in 
a  decision  rendered  by  John  Jay,  the  first  Chief  Justice 
of  the  Supreme  Court: 

(1)  ''The  judicial  power  extends  to  all  cases  affecting 
ambassadors,  other  public  ministers,  and  consuls  (107), 
because,  as  these  officers  are  of  foreign  nations,  whom  this 
nation  is  bound  to  protect  and  treat  according  to  the  laws 
of  nations,  cases  affecting  them  ought  to  be  cognizable  only 
by  national  authority : 

(2)  "To  all  cases  of  admiralty  and  maritime  jurisdic- 
tion (108),  because,  as  the  seas  are  joint  property  of  na- 
tions, whose  rights  and  privileges  relative  thereto  are  regu- 
lated by  the  laws  of  nations  and  treaties,  such  cases  neces- 
sarily belong  to  national  jurisdiction: 

(3)  "To  controversies  to  which  the  United  States  shall 
be  a  party  (108)  ;  because,  in  cases  in  which  the  whole 
people  are  interested,  it  would  not  be  equal  or  wise  to  let 
any  one  State  decide  and  measure  out  the  justice  due  to 
others : 

(4)  "To  controversies  between  two  or  more  States 
(109)  ;  because  domestic  tranquillity  requires  that  the  con- 
tentions of  States  should  be  peacefully  terminated  by  a 
common  judicatory,  and  because,  in  a  free  country,  justice 
ought  not  to  depend  on  the  will  of  either  of  the  litigants: 

(5)  "To  controversies  between  a  State  and  citizens  of 
another  State  (109)  ;  because,  in  case  a  State — that  is,  all 
the  citizens  of  it — has  demands  against  some  citizens  of 
another  State,  it  is  better  that  she  should  prosecute  their 
demands  in  a  national  court  than  in  a  court  of  the  State 
to  which  those  citizens  belong,  the  danger  of  irritation 
and  crimination  arising  from  apprehensions  and  suspicions 
of  partiality  being  thereby  obviated: 

(6)  "To  controversies  between  citizens  of  the  same  State 
claiming  (109)  lands  under  grants  of  different  States;  be- 
cause, as  the  rights  of  the  two  States  to  grant  the  land 
are  drawn  into  question,  neither  of  the  two  States  ought  to 
decide  the  controversy: 


THE  FEDERAL  JUDICIARY  153 

(7)  ''To  controversies  between  a  State,  or  the  citizens 
thereof,  and  foreign  States,  citizens,  or  subjects  (109)  ;  be- 
cause, as  every  nation  is  responsible  for  the  conduct  of  its 
citizens  toward  other  nations,  all  questions  touching  the 
justice  due  to  foreign  nations  or  people  ought  to  be  ascer- 
tained by  and  depend  on  national  authority." 

The  fifth  and  seventh  classes  of  cases  enumerated  above  re- 
quire a  word  of  explanation.  In  1793  one  Chisholm  of  South 
Carolina  sued  the  State  of  Georgia  in  the  federal  courts 
for  the  recovery  of  a  claim  and  won  his  case.  Here  a 
State  was  dragged  into  a  federal  court  by  an  individual 
from  another  State.  This  was  resented  by  the  States  and 
the  eleventh  amendment  was  speedily  adopted  (1798),  and 
since  its  adoption  a  State  cannot  be  sued  against  its  will 
in  a  federal  court  by  a  citizen  of  another  State  (145). 

QUESTIONS  ON  THE  TEXT 

1.  Why  is  the  independence  of  the  federal  judiciary  important? 
How  is  this  independence  secured? 

2.  Explain  the  provisions  of  the  Judiciary  Act  of  1789. 

3.  What  change  w&s  made  in  the  organization  of  the  federal  judici- 
ary in  1869?  in  1891? 

4.  Name  the  four  grades  of  federal  courts  and  tell  what  judges  sit -^ 
in  each  of  these  courts. 

5.  Give  an  account  of  the  federal  courts  which  are  outside  the  regular 
federal  system. 

6.  Name  the  officers  of  the  federal  courts  and  state  the  duties  of  ' 
each. 

7.  Enumerate  the  kinds  of  cases  that  may  be  tried  in  the  federal 
courts  and  give  reasons  for  trying  these  cases  by  federal  instead  of  by 
State  authority. 

8.  What  is  the  effect  of  the  eleventh  amendment? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Name  three  famous  men  who  have  been  Chief  Justices  of  the 
Supreme  Court,  giving  a  brief  sketch  of  the  life  of  each. 

2.  What  is  the  number  of  the  federal  circuit  which  holds  sessions  in 
your  State?  What  are  the  boundaries  of  this  circuit?  Name  the  judge 
of  the  district  in  which  you  live. 


154  THE  AMERICAN  GOVERNMENT 

3.  What  are  the  salaries  of  the  judges  of  the  several  federal  courts'? 
Do  these  salaries  seem  to  be  sufficient? 

4.  Thomas  Jefferson  proposed  that  the  terms  of  the  judges  of  the 
Supreme  Court  be  limited  to  four  or  six  years.    Discuss  the  proposition. 

5.  How  many  of  the  present  judges  of  the  Supreme  Court  are  Demo- 
crats? How  many  are  Eepublicans?  Should  a  President  in  appointing 
a  judge  consider  the  party  affiliations  of  the  appointee? 

6.  Name  the  Chief  Justice  of  the  federal  Supreme  Court  and  the 
eight  associate  justices. 

Topics  for  Special  TForfe.— The  Federal  Courts:  2,  167-177.  The 
Courts  and  the  Constitution:  2,  178-187.  The  Organization  of  the 
Courts  of  the  United  States:  10,  137-152.  The  Tenure  of  Office  in  the 
Federal  Courts:  30,  250-255.  The  Character  of  the  Good  Judge:  30, 
247-250. 


XXI 

THE  FEDERAL  JUDICIARY  AT  WORK 

Explanation  of  Terms.  In  the  last  chapter  we  learned  how 
the  federal  courts  are  organized  and  what  kind  of  cases 
come  before  them  to  be  settled.  In  this  chapter  we  shall 
learn  how  the  federal  cases  are  distributed  to  the  several 
grades  of  courts,  but  before  we  proceed  several  terms  need 
to  be  explained. 

Cases  or  actions  that  come  before  courts  are  either 
criminal  or  civil.  A  criminal  case  is  one  in  which  a  person 
is  tried  for  crime.  In  a  federal  court  a  person  accused  of 
crime  is  guaranteed  a  trial  by  jury  (139)  in  the  State 
within  which  the  crime  was  committed.  A  civil  case, 
broadly  speaking,  is  a  controversy  between  private  in- 
dividuals concerning  the  rights  of  property.  When  a  civil 
case  is  tried  before  a  judge  and  jury  (141)  it  is  a  case 
at  law;  when  a  civil  case  is  tried  before  a  judge  only,  it  is 
a  case  at  equity.  The  jurisdiction  of  a  court  is  its  power 
or  authority  to  hear  and  determine  controversies.  When  a 
court  may  deal  with  an  action  from  its  commencement  it 
has  original  jurisdiction;  when  it  reviews  a  case  that  has 
been  tried  in  a  lower  court  it  has  appellate  jurisdiction ; 
when  a  case  may  be  tried  either  in  one  court  or  another 
the  two  courts  are  said  to  have  concurrent  jurisdiction ; 
when  a  case  is  carried  from  a  lower  court  to  a  higher  one 
to  be  heard,  an  appeal  is  said  to  be  taken. 

The  Jurisdiction  of  the  Three  Grades  of  Federal  Courts. 

The  jurisdiction  of  the  several  classes  of  federal  courts  has 
been  determined  from  time  to  time  by  acts  of   Congress 

155 


156  THE  AMERICAN  GOVERNMENT 

(110).  Congress  cannot  increase  or  dimmish  the  federal 
judicial  power,  but  with  the  exception  of  certain  specified 
cases  where  jurisdiction  is  provided  in  the  Constitution 
(110)  it  can  assign  to  each  of  the  several  courts  its 
own  peculiar  jurisdiction.  Under  the  act  of  1911  the 
jurisdiction  of  the  three  grades  of  courts  was  distributed  as 
follows : 

I.  The  Jurisdiction  of  the  District  Courts.  The  District 
Court  has  original  jurisdiction  in  nearly  all  those  classes  of 
cases  both  civil  and  criminal  which  arise  under  the  laws  of 
the  United  States.  In  this  court  are  tried  admiralty  and 
maritime  cases,  counterfeit  cases,  copyright  and  patent  cases, 
cases  arising  under  the  postal  laws,  under  the  revenue  laws, 
under  the  pure-food  law,  under  the  public-land  laws,  under 
the  laws  regulating  immigration  and  naturalization,  under 
the  interstate  commerce  laws.  Cases  involving  controversies 
between  citizens  of  different  States  may  also  be  tried  in  the 
District  Court  when  the  defendant  in  such  a  case  so  desires. 
In  fact  almost  every  kind  of  case  cognizable  by  the  authority 
of  the  United  States  is  tried  in  the  first  instance  in  the  Dis- 
trict Court.  A  case  appealed  from  a  District  Court  is  car- 
ried either  to  the  Circuit  Court  of  Appeals  or  to  the  Supreme 
Court. 

II.  The  Jurisdiction  of  the  Circuit  Court  of  Appeals. 
This  court,  as  would  be  inferred  from  its  name,  has  appellate 
jurisdiction  only.  As  we  have  seen,  it  was  established  for  the 
purpose  of  trying  certain  classes  of  cases  which  had  hitherto 
been  tried  by  the  Supreme  Court.  With  this  purpose  in  view 
Congress  has  provided  that  all  appeals  from  the  District 
Court  shall  be  taken  directly  to  the  Circuit  Court  of  Appeals, 
except  in  the  five  following  instances :  (1)  When  the  case  in- 
volves a  question  of  jurisdiction;  (2)  when  it  involves  the 
construction  of  the  Constitution  of  the  United  States;  (3) 
when  it  involves  a  question  of  the  constitutionality  of  a  law ; 
(4)  when  it  involves  the  construction  of  a  treaty;  (5)  when 
it  involves  conviction  for  higher  crimes.  These  excepted 
classes  of  appeals  must  be  taken  direct  from  the  District 


THE  FEDERAL  JUDICIARY  AT  WORK       157 

Court  to  the  Supreme  Court.  In  all  other  cases  than  these 
the  appeal  lies  to  the  Circuit  Court  of  Appeals.  The  de- 
cisions of  this  court  are  made  final  in  certain  enumerated 
classes  of  cases,  including  copyright,  patent  and  admiralty 
cases,  thus  relieving  the  Supreme  Court  entirely  of  those 
cases.  The  cases  not  enumerated  as  final  are  still  appealable 
to  the  Supreme  Court. 

III.  The  Jurisdiction  of  the  Supreme  Court.  This  great 
tribunal  has  original  jurisdiction  in  all  cases  affecting  am- 
bassadors, ministers  and  consuls,  and  in  those  cases  in 
which  a  State  is  one  of  the  parties  to  the  controversy  (110). 
Its  appellate  jurisdiction  includes  certain  cases  which  are 
brought  up  to  it  from  the  Circuit  Court  of  Appeals,  and 
all  those  cases  which  must  be  brought  to  it  direct  from 
Ihe  District  Court.  As  there  is  no  higher  tribunal  a  de- 
cision of  the  Supreme  Court  of  the  United  States  is  ac- 
cepted as  being  the  law  of  the  land. 

The  Supreme  Court  and  the  Constitution.  The  Supreme 
Court  has  been  called  "the  guardian  of  the  Constitution." 
Of  course  the  real  guardian  of  the  Constitution  is  the  elec- 
torate, yet  the  Supreme  Court  may  do  much  and  has  done 
much  to  preserve  our  fundamental  law  in  its  integrity. 
The  place  of  the  Supreme  Court  as  a  defender  of  the  Con- 
stitution is  seen  in  its  power  to  declare  as  void  and  with- 
out force  all  acts  which  are  repugnant  to  the  Constitution. 
If  a  State  law  or  a  law  of  Congress  seems  to  the  Supreme 
Court  to  conflict  with  the  Constitution,  that  tribunal,  when 
a  case  arising  under  the  law  is  brought  before  it,  will  declare 
the  law  unconstitutional,  and  its  existence  will  be  blotted 
out.  "When  a  statute  is  adjudged  to  be  unconstitutional 
it  is  as  if  it  had  never  been.  Rights  cannot  be  brought  up 
under  it;  contracts  which  depend  upon  it  for  their  con- 
sideration are  void;  it  constitutes  a  protection  to  no  one 
who  has  acted  under  it,  and  no  one  can  be  punished  for 
having  refused  obedience  to  it  before  the  decision  was 
made."     (Cooley.) 


158  THE  AMERICAN  GOVERNMENT 

When  the  Supreme  Court  declares  an  act  of  Congress 
unconstitutional  we  see  the  judiciary  undoing  the  work 
of  the  legislature,  and  at  first  sight  we  are  inclined  to 
accuse  the  judiciary  of  assuming  more  power  than  belongs 
to  it.  But  when  we  look  at  the  matter  closely  we  find  that 
this  is  not  so.  Courts  of  law,  whether  low  or  high,  are 
established  to  settle  disputes  between  litigants.  They  do 
not  seek  cases,  but  wait  until  cases  are  brought  to  them. 
The  Missouri  Compromise  was  placed  on  the  statute  books 
in  1820,  but  it  was  not  until  1857  that  it  was  declared  un- 
constitutional. When  a  case  is  brought  into  court  the 
judge  must  settle  it  strictly  according  to  the  law.  His 
will,  his  opinion,  his  prejudices,  his  preferences,  must  not 
enter  into  his  decision.  Now  there  are  four  kinds  of  laws  in 
the  United  States  which  every  judge,  high  or  low,  must 
consider  when  rendering  a  decision,  viz.,  (1)  laws  of  the 
State,  whether  made  by  the  legislature  or  through  the 
initiative  and  referendum,  (2)  the  State  constitution,  (3) 
the  laws  of  Congress,  and  (4)  the  federal  Constitution.  The 
court,  whether  the  Supreme  Court  of  the  United  States  or 
the  petty  town  court,  has  these  laws  before  it  when  it  decides 
a  case,  and  if  there  is  a  conflict  between  two  laws  the 
lower  law  must  give  way.  If  the  conflict  is  between  a  law 
of  Congress  and  the  Constitution  of  the  United  States  the 
former  must  give  way  because  the  Constitution  is  the  su- 
preme law  of  the  land  (127).  So  when  the  Supreme  Court 
decides  that  a  law  of  Congress  is  unconstitutional  it  does 
only  what  a  justice  of  the  peace  might  do :  it  selects  from 
conflicting  laws  the  law  of  greatest  authority  and  ren- 
ders a  decision  in  accordance  with  this  highest  law.  There 
is,  however,  this  great  difference  between  a  justice  of  the 
peace  declaring  a  law  of  Congress  unconstitutional  and 
a  similar  decision  of  the  federal  Supreme  Court ;  there  is  an 
appeal  from  the  decision  of  the  justice,  but  there  is  no  ap- 
peal from  the  decision  of  the  Supreme  Court. 

The  reasons  for  reposing  in  courts  the  power  to  declare 
acts  of  legislatures  null  and  void  are  to  be  sought  in  the 


THE  FEDERAL  JUDICIARY  AT  WORK       159 

principles  which  underlie  a  government  whose  powers  are 
enumerated  in  a  written  constitution.  These  reasons  are  set 
forth  with  wonderful  clearness  in  a  celebrated  decision^ 
of  the  great  Marshall:  ''The  original  and  supreme  will 
(the  people)  organizes  and  assigns  to  different  departments 
their  respective  powers.  The  powers  of  the  legislature  are 
defined  and  limited;  that  these  limits  may  not  be  mis- 
taken or  forgotten  the  Constitution  is  written.  To  what 
purpose  are  powers  limited,  and  to  what  purpose  is  that 
limitation  committed  to  writing,  if  these  limits  may  at 
any  time  be  passed  by  those  intended  to  be  restrained? 
Certainly  all  those  who  have  framed  written  constitutions 
contemplate  them  as  the  fundamental  paramount  law  of 
the  nation,  and  consequently  the  theme  of  every  such  gov- 
ernment must  be  that  an  act  of  the  legislature  repugnant 
to  the  constitution  is  void.  It  is  emphatically  the  prov- 
ince and  duty  of  the  judicial  department  to  say  what  the 
law  is.  If  a  law  be  in  opposition  to  the  Constitution  the 
court  must  either  decide  the  case  conformably  to  the  law 
disregarding  the  Constitution  or  conformably  to  the  Con- 
stitution disregarding  the  law.  The  court  must  determine 
which  of  the  conflicting  rules  governs  the  case.  This  is 
the  very  essence  of  the  judicial  duty.  The  courts  cannot 
close  their  eyes  to  the  Constitution  and  see  only  the  law. 
This  doctrine  would  subvert  the  very  foundation  of  all 
written  constitutions.  It  would  be  giving  to  the  legis- 
lature a  practical  and  real  omnipotence  with  the  same 
breath  which  professes  to  restrict  their  powers  within 
narrow  limits.  It  is  prescribing  limits  and  declaring  that 
these  limits  may  be  passed  at  pleasure." 

This  reasoning  alarmed  those  who  were  opposed  to  a 
strong  central  government,  for  they  saw  in  the  doctrine 
of  the  chief  justice  an  attack  not  only  upon  the  rights  of 
Congress  but  upon  the  rights  of  the  States  as  well.  If  the 
Supreme  Court  could  set  aside  an  act  of  the  federal  legis- 
lature with  greater  ease  could  it  set  aside  an  act  of  a  State 
^Marbury  vs.  Madison. 


160  THE  AMERICAN  GOVERNMENT 

legislature  or  a  clause  of  a  State  constitution,  and  if  it  could 
do  this  what  would  become  of  the  rights  of  the  State? 
Marshall  was  attacked  bitterly  by  the  opposition,  but  he 
stood  by  his  guns  and  in  decision  after  decision  he  con- 
tinued for  more  than  thirty  years  to  assert  the  supremacy 
of  the  federal  Constitution  and  to  declare  void  any  law 
that  was  repugnant  to  it.  In  this  he  was  supported  by 
public  opinion,  and  his  doctrine  became  embedded  in  the 
thoughts  of  the  people  as  a  cardinal  tenet,  of  American 
political  faith.  In  the  one  hundred  and  twenty-five  years 
of  its  existence  the  Supreme  Court  has  pronounced  thirty- 
three  acts  of  Congress  and  more  than  two  hundred  and 
twenty  State  laws  to  be  in  conflict  with  the  Constitution. 

The  Supreme  Court  and  the  People.  When  the  Supreme 
Court  renders  a  decision  in  a  case  the  litigants  must  obey 
and  the  whole  body  of  the  American  people  must  com- 
pletely and  peacefully  acquiesce  in  the  decision.  This 
does  not  mean,  and  it  ought  not  to  be  regarded  as  meaning, 
that  the  Supreme  Court  has  the  last  word  on  any  and 
every  constitutional  question,  and  that  its  decisions  shall 
be  binding  forever  and  forever.  The  last  word  is  always 
with  the  people.  The  Supreme  Court  when  expressing 
an  opinion  simply  utters  the  will  of  the  people  as  it  is 
expressed  in  the  Constitution.  If  the  people  do  not  like 
the  sound  of  their  own  voice,  if  they  are  no  longer  satisfied 
with  their  Constitution,  they  can  amend  it.  When  they 
shall  have  amended  it  the  Supreme  Court  will  instantly 
recognize  the  amendment  as  the  supreme  law  of  the  land 
and  will  render  judgment  in  accordance  with  the  letter 
and  spirit  of  the  amendment. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  a  criminal  case?    A  civil  case?    A  case  in  equity?    What 
is  meant  by  original  jurisdiction?  concurrent  jurisdiction? 

2.  How  is  the  jurisdiction  of  the  federal  courts  determined? 


THE  FEDERAL  JUDICIARY  AT  WORK       161 

3.  In  what  cases  has  the  District  Court  jurisdiction?  The  Circuit 
Court?     The  Circuit  Court  of  Appeals?     The  Supreme  Court? 

4.  Wliat  is  the  effect  of  declaring  a  statute  to  be  unconstitutional? 

5.  What  four  kinds  of  laws  must  be  considered  by  every  judge? 

6.  What  are  the  reasons  given  by  Marshall  to  sustain  the  power  of 
the  Supreme  Court,  to  declare  an  act  of  Congress  unconstitutional? 

7.  What  has  been  the  result  of  Marshall's  decision? 

8.  In  what  relation  does  the  Supreme  Court  stand  to  the  people? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Give  an  account  of  two  famous  decisions  of  the  Supreme  Court  of 
the  United  States. 

2.  If  Congress  should  pass  a  law  that  the  people  wanted  and  the 
Supreme  Court  should  set  the  law  aside,  what  remedy  have  the  people? 

3.  Explain  each  of  the  following  checks  and  balances  mentioned  by 
John  Adams:  ^ 

(1)  The  House  of  Representatives  is  balanced  against  the  Senate 

and  the  Senate  against  the  House  of  Representatives. 

(2)  The  Executive  authority  is  balanced  against  the  legislature. 

(3)  The  judiciary  power  is  balanced  against  the  House,  the  Sen- 

ate, the  executive  power  and  the  State  governments. 

(4)  The  Senate  is  balanced  against  the  President  in  all  appoint- 

ments of  office  and  in  all  treaties. 

(5)  The  people  are  balanced  against  their  representatives  by  bi- 

ennial elections. 

(6)  The  legislature  of  the  several  States  are  balanced  against  the 

Senate  by  sextennial  elections. 

(7)  The  electors   [presidential]   are  balanced  against  the  people 

in  the  choice  of  president. 

Topics  for  Special  WorJc.—The  Workings  of  the  Courts:  2,  188-200. 
The  Judicial  Power  of  Declaring  what  has  the  Form  of  Law  not  to  be 
Law:  10,  98-125;  also  30,  250-255. 

^  Works,  Vol.  VI,  407-408. 


XXII 

THE  STATE  LEGISLATUEE 

Introductory.  In  this  chapter  and  the  two  chapters  that 
follow  we  shall  discuss  the  organization  of  the  State  gov- 
ernment. As  we  have  already  learned  (p.  55),  one  State 
is  quite  like  another  in  its  political  characteristics.  No 
State,  however,  is  precisely  like  another,  and  the  organ- 
ization of  the  government  of  any  particular  State  can  be 
learned  in  detail  only  from  the  constitution  of  that  State. 
All  that  a  text-book  can  do,  therefore,  is  to  treat  the  sub- 
ject in  a  general  way.  The  particular  facts  may  be  learned 
by  answering  the  questions  which  refer  to  the  State  con- 
stitution. 

The  Origin  of  State  Legislatures.  The  first  legislature 
that  ever  sat  in  America  met  in  Jamestown,  Virginia,  in 
1619.  This  was  the  Virginia  House  of  Burgesses,  in  which 
eleven  settlements,  which  the  planters  were  pleased  to  call 
boroughs,  were  represented.  Two  years  later  Virginia  had 
a  governor,  an  advisory  council,  and  a  legislative  assem- 
bly. This  was  the  type  of  all  succeeding  colonial  govern- 
ments. At  the  time  of  the  Eevolution,  in  all  the  colonies 
the  legislature  was  elected  by  the  people,  and  in  all  but 
two  (Pennsylvania  and  Georgia)  it  consisted  of  an  upper 
and  a  lower  house.^  When  the  colonies  assumed  the  rank 
of    States   the    new    legislatures    were    modeled    faithfully 

^  The  federal  Constitution  assumes  (4)  but  does  not  require  that 
the  State  legislature  shall  consist  of  more  than  one  branch.  Georgia 
in  1789,  Pennsylvania  in  1790,  and  Vermont  in  1836  changed  to  the 
bicameral  system. 

162 


THE  STATE  LEGISLATUEE  163 

after  the  old.  The  legislatures  of  the  United  States  have 
invariably  been  fashioned  after  those  already  in  exist- 
ence. 

General  Features  of  State  Legislatures.  In  outward  form, 
at  least,  the  legislature  of  one  State,  although  it  may  be 
widely  separated  by  distance,  and  although  it  is  created 
independently,  is  very  much  like  that  of  another  State. 
All  legislatures  meet  at  the  State  capital;  the  upper  house 
is  always  called  the  Senate  and  is  always  about  one  third 
as  large  as  the  lower  house,  which  is  usually  called  the 
House  of  Kepresentatives ;  in  all  the  States  members  must 
reside  in  the  district  which  they  represent;  in  all  but  eight 
States  the  legislature  meets  every  two  years ;  in  all  the  States 
the  compensation  of  members  is  the  same  for  both  houses ;  in 
forty-seven  States  a  law  passed  by  the  legislature  can  be 
vetoed  by  the  governor,  and  the  veto  can  be  overcome  by  a 
majority  vote,  or  by  a  three-fifths  or  a  two-thirds  vote,  of 
both  houses;  in  every  State  each  house  is  the  judge  of  the 
qualifications  and  election  of  its  own  members;  in  nearly 
every  State  members  of  both  houses  are  apportioned  strictly 
according  to  population. 

The  Passage  of  Bills.  Upon  assembling,  each  house  of  a 
newly  elected  legislature  elects  its  presiding  officer.  In 
the  lower  house  this  officer  is  called  the  speaker;  in  the 
Senate  he  is  called  chairman  or  president.  In  some  States 
there  is  a  lieutenant-governor,  who  presides  in  the  Sen- 
ate but  does  not  vote  except  when  there  is  a  tie.  As  soon 
as  a  clerk,  a  sergeant- at-arms,  doorkeepers,  messengers 
and  other  minor  officers  have  been  elected  the  presiding 
officer  of  each  house  announces  the  committees,  which  are 
as  numerous  as  the  interests  and  subjects  that  engage  the 
attention  of  the  legislature,  the  most  important  being 
those  on  finance,  corporations,  municipalities,  the  judi- 
ciary, appropriations,  elections,  education,  labor,  manufac- 
tures, agriculture,  railroads.     The  committees  are  agencies 


164  THE  AMERICAN  GOVERNMENT 

of  the  Titmost  importance,  for  they  are  the  channels  through 
which  all  legislation  must  pass. 

Any  proposed  law,  called  a  bill,  immediately  after  it  is 
introduced  and  read,  is  referred  to  its  proper  committee. 
The  committee  considers  the  bill  in  a  private  room  where 
citizens  may  appear  to  defend  or  oppose  it,  and  if  it  thinks 
the  bill  ought  not  to  become  a  law  it  reports  it  unfavorably, 
and  thus  usually  kills  it.  It  is  possible  to  pass  a  bill  after 
it  has  been  thus  unfavorably  reported,  but  this  is  rarely 
done.  The  judgment  of  the  committee  is  practically  final. 
If  the  bill  is  reported  favorably  its  title  is  read  and  it  is 
allowed  to  pass  upon  its  second  reading.  In  its  regular 
order  it  comes  up  for  its  third  and  last  reading.  Now 
it  is  read  in  full,  amended,  perhaps,  and  voted  upon.  If 
it  fails  to  get  a  majority  of  the  votes  that  is  probably  the 
last  of  it.  If  it  receives  a  majority  of  the  votes  it  is  sent 
to  the  other  branch  to  be  acted  upon.  Here  it  is  referred 
by  the  presiding  officer  to  its  proper  committee,  is  read 
three  times  upon  three  different  days,  is  fully  discussed 
upon  its  last  reading,  and  is  then  voted  upon.  If  it  passes 
without  amendments  made  in  this  second  branch  it  goes 
to  the  governor  to  be  signed  by  him.  If  it  passes  with 
amendment  it  must  be  returned  to  the  house  in  which 
it  originated  to  be  voted  upon  in  its  amended  form.  If 
it  passes  in  the  house  in  that  form  it  becomes,  as  far  as 
the  legislature  is  concerned,  a  law.  If  there  is  trouble  over 
the  amendment  a  joint  committee,  or  conference  committee, 
consisting  of  three  members  from  each  house,  is  appointed 
to  see  what  can  be  done  to  settle  the  matter.  The  action 
of  this  committee,  if  it  reaches  an  agreement,  is  usually  ac- 
cepted by  both  houses.  A  bill  may  originate  in  either 
house,  but,  as  a  rule,  bills  for  raising  revenue  must  originate 
in  the  lower  house,  because  this  branch  is  supposed  to  be 
closer  to  the  taxpayers. 

After  a  bill  has  passed  both  houses  it  is  sent  to  the  gov- 
ernor for  his  approval.  In  order  to  guard  against  hasty 
and  unwise   legislation,   and   especially   against   encroach- 


THE  STATE  LEGISLATURE  1G5 

ments  of  the  legislature  upon  the  other  two  departments, 
the  governor,  like  the  President  of  the  United  States,  can 
(in  all  but  one  State)  forbid  the  passage  of  a  bill  by  his 
veto.  "When  he  does  this  he  sends  the  bill  back,  with  his 
objections  stated  in  writing,  to  that  branch  of  the  legisla- 
ture that  sent  it  to  him.  The  bill  may  be  voted  upon  again, 
and  if  it  can  secure  the  number  of  votes  required  by  the 
constitution  in  such  cases  it  becomes  a  law  in  spite  of  the 
governor's  veto. 

The  Importance  of  State  Legislation.  We  have  seen  how 
wide  is  the  range  of  power  reserved  to  the  State  govern- 
ment (p.  56).  The  State  legislature  determines  how  these 
powers  are  to  be  exercised.  The  only  limitations  of  its 
power  are  those  imposed  by  the  constitution  of  the  State, 
and  by  the  Constitution,  laws  and  treaties  of  the  United 
States  (127).  Within  these  limits  it  is  at  liberty  to  enact 
laws  upon  any  subject  that  may  come  within  the  scope 
of  governmental  authority.  The  powers  of  Congress  are 
enumerated ;  the  powers  of  a  State  legislature  are  innumer- 
able. When  we  say  that  a  State  legislature  grants  charters 
to  cities,  boroughs,  towns,  villages,  railroads,  banks,  col- 
leges, seminaries,  and  other  institutions  public  and  private; 
that  it  defines  the  boundaries  of  counties  and  towns ;  that  it 
regulates  taxes,  licenses,  fees;  that  it  enacts  pimishment  for 
treason,  murder,  arson,  theft,  kidnapping,  bribery,  forgery, 
fraud,  perjury,  and  other  crimes;  that  it  makes  laws  con- 
cerning the  sale  of  land,  the  giving  of  mortgages,  the  grant- 
ing of  deeds,  the  making  of  wills,  the  settlement  of  the 
estates  of  bankrupts,  the  management  of  the  estates  of  the 
dead;  concerning  education,  charity,  health,  marriage, 
divorce;  concerning  voting  and  elections;  concerning 
steamboats,  canals,  telegraph,  and  telephone  companies; 
concerning  farming,  fishing,  mining,  manufacturing,  trad- 
ing,— when  we  say  this  much  of  the  legislature,  we  may 
make  it  plain  that  its  authority  is  very  great,  but  we  by 
no  means  exhaust  the  list  of  things  it  does. 


166  THE  AMERICAN  GOVERNMENT 

The  State  Legislature  and  the  State  Constitution.  There 
is  a  tendency  in  recent  years  to  strip  the  legislature  of 
some  of  its  power  by  inserting  into  the  constitution,  either 
by  way  of  amendment  or  in  constitutional  convention, 
specific  provisions  concerning  such  matters  as  the  manage- 
ment of  railroads,  the  sale  of  intoxicating  drinks,  the 
chartering  of  corporations.  The  constitution  of  one  State 
prescribes  to  the  legislature  how  it  shall  purchase  its  sta- 
tionery, as  if  this  body  could  not  be  trusted  to  do  this 
wisely.  It  is  quite  certain  that  a  constitution  is  not  the 
place  for  such  special  provisions.  A  constitution  should 
mark  out  a  path  for  legislation,  but  should  not  contain 
the  laws  themselves.  A  legislature  should  be  restrained 
by  the  constitution  in  all  fundamental  matters,  in  all  mat- 
ters that  involve  the  framework  of  government  and  the 
principles  of  civil  liberty,  but  in  all  other  matters  it  should 
be  given  a  wide  discretion.  Frequently  a  legislature  is  so 
hampered  by  the  constitution  that  it  cannot  pass  needful 
laws.  When  this  is  the  case  there  have  been  placed  in 
the  constitution  items  of  a  non-constitutional  nature. 

These  details  are  placed  in  the  constitution  beyond  the 
reach  of  the  legislature  because  of  the  distrust  that  has 
overtaken  that  body.  For  many  years  in  private  con- 
versation, in  newspapers  and  in  books,  on  the  platform 
and  in  the  pulpit,  law-makers  have  been  denounced  as 
grasping,  stupid  and  corrupt.  It  has  become  almost  a  fixed 
habit  for  the  American  people  to  abuse  their  legislatures. 
The  habit  is  unreasonable  and  unjust:  unreasonable,  be- 
cause the  legislatures,  taking  them  one  after  another 
through  a  considerable  period  of  time,  fairly  represent  the 
people  who  elect  them;  unjust,  because,  as  a  matter  of 
fact,  no  legislature  is  largely  stupid  or  corrupt.  In  all 
legislatures  the  average  ability  of  membership  is  high,  and 
in  the  worst  legislature  an  overwhelming  majority  of  the 
members  are  honest  men. 

Perhaps  the  quality  of  our  law-making  bodies  would 
be  improved  if  we  would  trust  them  more  and  stop  scolding 


THE  STATE  LEGISLATURE  167 

them  and  calling  them  bad  names.  Censure  and  distrust 
will  only  make  them  worse;  honor  and  respect  would  tend 
to  elevate  them.  It  is  true  that  if  you  treat  people  as  if 
they  were  better  they  will  be  better;  it  is  equally  true  that 
if  you  treat  them  as  if  they  were  worse  they  will  be  worse. 

The  Initiative  and  Referendum.  As  a  remedy  for  the  real 
and  supposed  shortcomings  of  the  State  legislatures  many 
students  of  political  science  urge  the  use  of  the  political 
device  known  as  the  "initiative  and  referendum."  The 
initiative  enables  the  people  to  propose  a»law  to  the  legis- 
lature; the  referendum  enables  them  to  vote  upon  a  law 
which  they  have  commanded  the  legislature  to  refer  to 
them.  Where  the  initiative  and  referendum  are  in  use 
a  certain  per  cent,  of  the  voters  may  propose  to  the  legis- 
lature a  measure  which  must  be  enacted  by  that  body  as 
a  law  and  then  be  referred  back  to  the  people  to  be  voted 
upon.  Further,  where  this  system  prevails,  a  certain  per 
cent,  of  the  voters  may  demand  that  a  law  which  the 
legislature  has  passed  be  referred  to  the  people,  although 
it  be  a  law  which  was  not  at  first  proposed  by  the  people. 
Thus  by  means  of  the  initiative  and  referendum  the  voters, 
if  they  choose,  can  participate  directly  in  the  work  of 
law-making. 

The  referendum  in  one  form  or  another  has  been  in  use 
in  the  United  States  from  the  beginning.  Every  State  con- 
stitution that  provides  for  the  submission  of  amendments  to 
a  popular  vote  recognizes  the  principle  of  referendum.  The 
principle  is  also  quite  generaly  recognized  where  such  mat- 
ters as  the  incurring  of  debt  or  the  selling  of  intoxicants 
are  concerned.  Direct  legislation  is  provided  for  in  South 
Dakota,  Oregon,  Oklahoma,  Maine,  Missouri,  California, 
Colorado,  Ohio,  Idaho,  Nebraska,  Washington,  Montana,  New 
Mexico,  INIichigan,  Arkansas  and  Arizona.  The  constitution 
of  South  Dakota  Says: 

The  people  expressly  reserve  to  themselves  the  right  to  propose  meas- 
ures which  measures  the  legislature  shall  enact  and  submit  to  a  vote 


168  THE  AMERICAN  GOVERNMENT 

of  the  electors  of  the  State,  and  the  people  reserve  to  themselves  the 
right  to  require  that  any  law  which  the  legislature  may  have  enacted 
shall  be  submitted  to  a  vote  of  the  electors  of  the  State  before  it  goes 
into  effect/ 

In  Switzerland,  where  the  people  have  had  centuries  of 
training  in  public  affairs,  direct  legislation  has  been  a 
success.  In  the  United  States  it  is  probable  that  the  initia- 
tive and  referendum  will  succeed  only  in  those  States 
where  the  people  by  instinct  and  tradition  are  intensely 
democratic,  where  the  popular  interest  in  public  affairs 
is  keen,  universal  and  sustained,  and  where  the  average  of 
popular  intelligence  is  very  high. 

QUESTIONS  ON  THE  TEXT 

1.  What  has  been  the  historical  development  of  State  legislatures? 

2.  In  what  respect  do  the  legislatures  of  the  different  States  resemble 
each  other? 

3.  Give  a  general  account  of  the  organization  of  a  State  legislature. 

4.  How  does  a  bill  become  a  law? 

5.  Upon  what  subjects  may  the  legislature  pass  laws? 

6.  In  what  way  is  the  action  of  legislators  sometimes  hampered? 

7.  Give  reasons  why  the  constitution  should  not  fetter  the  legislature 
in  respect  to  small  matters? 

8.  Why  should  legislatures  receive  the  support  of  public  opinion? 

9.  What  is  the  ' '  initiative  and  referendum ' ''  ?  To  what  extent  is  this 
system  of  legislation  in  use  in  the  United  States? 

SUGGESTIVE  QUESTIONS  AND  EXEKCISES 

(Answers  to  many  questions  in  this  chapter  and  also  in  several  of 
the  following  chapters  may  be  found  in  the  State  constitution.) 

1.  What  is  the  name  of  the  lower  house  of  the  legislature  of  this 
State?  What  is  the  name  of  the  legislature  taken  as  a  whole?  Where 
and  how  often  does  the  legislature  meet? 

2.  What  are  the  qualifications  of  senators  in  this  State  as  to  age, 
citizenship  and  residence?  What  are  the  qualifications  of  members  of 
the  lower  house?  Under  what  circumstances  is  a  person  disqualified 
for  membership  in  the  legislature?  What  pay  do  the  members  of  the 
legislature  receive  for  their  services? 

3.  What  is  the  nature  of  the  oath  taken  by  a  member  of  the  legis- 
lature in  this  State? 

^  Five  per  cent,  of  the  qualified  voters  may  invoke  either  the 
initiative  or  the  referendum. 


THE  STATE  LEGISLATURE  169 

4.  What  provision  does  the  constitution  make  in  respect  to  the  num- 
ber of  senators?  In  what  manner  are  the  senators  apportioned  to  the 
cities  and  counties?  What  provision  is  made  in  respect  to  the  number 
of  representatives?  How  are  they  apportioned  to  the  cities  and  coun- 
ties? Is  there  any  question  as  to  the  fairness  of  this  method  of  ap- 
portionment in  this  State?  If  the  method  is  unjust  how  may  a  remedy 
be  found? 

5.  Describe  the  manner  in  which  each  of  the  houses  is  called  to 
order  and  organized  on  the  first  day  of  a  session.  What  constitutes  a 
quorum  in  each  house?  How  may  a  person  who  is  disorderly  or  disre- 
spectful in  the  presence  of  the  senate  or  the  lower  house  be  punished? 
Does  the  legislature  sit  in  secret  or  in  open  session? 

6.  In  whose  name  are  the  laws  of  the  State  enacted?  Describe  the 
passage  of  a  bill  from  the  time  it  is  introduced  until  it  becomes  a  law. 
To  what  extent  is  the  initiative  and  referendum  recognized  in  the  con- 
stitution of  the  State? 

7.  (In  many  States  the  constitution  forbids  the  legislature  to  pass 
special  laws  in  reference  to  certain  enumerated  subjects,  that  is,  when 
it  passes  a  law  in  reference  to  any  one  of  such  subjects  the  law  must 
operate  not  upon  certain  specified  individuals  or  localities,  but  must 
be  uniform  in  its  operation  throughout  the  State.)  Name  the  subjects 
upon  which  the  legislature  of  this  State  is  not  permitted  to  pass  special 
laws. 

8.  Describe  the  process  of  impeachment  in  this  State.  How  may  a 
member  of  the  legislature  be  punished  for  unfaithful  service? 

9.  What  general  prohibitions  are  placed  upon  the  powers  of  the 
legislature  of  this  State  by  the  constitution?  Does  it  seem  that  some 
of  these  prohibitions  are  unreasonable? 

10.  Bound  the  senatorial  district  in  which  you  live  and  name  your 
State  senator. 

11.  Is  the  capital  of  this  State  conveniently  located?  How  can  its 
location  be  changed? 

12.  Discuss  fully  each  of  the  following  sentences:  (a)  For  good  or 
for  evil  the  legislature  affects  us  in  almost  every  relation  of  daily  life. 
(b)  When  the  people  generally  condemn  their  legislators  they  virtually 
condemn  themselves,  (c)  We  cannot  elect  able  and  skilful  legislators; 
we  can  elect  able  and  prudent  men  and  reelect  them  until  they  become 
able  and  skilful  legislators,  (d)  The  position  of  the  law-maker  is  a 
difficult  one,  for  he  must  try  to  promote  the  interest  of  his  locality  and 
also  the  general  welfare,  and  these  often  clash,  (e)  When  we  hear 
that  legislators  have  received  bribes  a  part  of  our  indignation  should 
be  hurled  against  those  who  have  given  bribes. 

Topics  for  Special  Worlc. — Procedure  in  State  Legislature:  7,  183- 
195.  Influencing  Legislative  Action:  7,  275-298,  The  Workings  of 
State  Government:  2,  366-378.  The  Initiative  and  Keferendum:  5, 
432-435;  also  30,  295-302. 


XXIII 

THE  STATE  EXECUTIVE 

The  Distribution  of  Executive  Functions.  The  adminis- 
tration of  a  State  differs  considerably  from  that  of  the 
nation.  In  the  administration  of  the  federal  government 
great  power  is  given  to  the  President.  He  appoints  the 
heads  of  the  departments  and,  directly  or  indirectly,  al- 
most all  subordinate  officers.  His  responsibility  is,  of 
course,  as  great  as  his  power.  If  the  administration  of  the 
affairs  of  the  United  States  is  successful  the  President 
receives  the  credit;  if  it  is  ill-fated  he  receives  the  censure. 
It  is  not  thus  in  the  State.  The  execution  of  the  laws 
of  a  State  is  not  given  to  one  person  or  to  one  body  of 
persons,  but  is  intrusted  to  various  officials  and  various 
bodies.  The  greater  part  of  the  public  business  in  a  State 
is  administered  by  local  governments,  by  cities  and  town- 
ships and  counties  (p.  195.)  Those  laws  which  pertain 
to  special  branches  of  State  administration  are  distributed 
to  State  officers  and  State  boards  to  be  executed,  and  very 
often  these  officers  and  boards  are  elected  by  the  people 
and  are  not  responsible  to  a  higher  authority  for  their 
conduct.  Cases  of  gross  wrong-doing  on  the  part  of  these 
high  officials,  however,  may  be  reached  by  the  legislature 
through  the  process  of  impeachment. 

The  Executive  Departments.  The  State  officers  and  boards 
whose  duties  consist  in  managing  special  branches  of  the 
State's  business  constitute  the  executive  department. 
Since  this  department  is  organized  according  to  the  par- 
ticular needs  of  each  State,  we  are  prepared  to  find  it  dif- 

170 


THE  STATE  EXECUTIVE  171 

fering  in  its  details  in  the  several  States.  The  outlines  of 
the  executive  department,  nevertheless,  are  nearly  the 
same  in  all  the  States.  Every  State  has  a  governor  (thirty- 
three  States  have  a  lieutenant-governor),  a  secretary  of 
state  and  a  treasurer ;  almost  every  State  has  a  comptroller, 
or  auditor,  an  attorney-general  and  a  superintendent  of 
education.  The  length  of  the  terms  of  service  of  these  offi- 
cers, the  manner  of  their  election  or  appointment,  and 
their  qualifications  and  salaries  are  regulated  by  the  con- 
stitution or  by  statute.  Their  duties,  which  do  not  vary 
widely  from  State  to  State,  are  as  follows: 

I.  The  Governor.  (1)  The  first  duty  of  the  governor 
is  to  take  care  that  the  laws  are  faithfully  executed.  This 
may  mean  much  or  little.  In  reference  to  private  law,  the 
law  that  regulates  the  relations  between  man  and  man, 
and  in  reference  to  the  peace  and  good  order  of  the  State, 
it  means  much,  for  the  governor  is  commander-in-chief  of 
the  military  forces  of  the  State,  and  he  can  call  upon  the 
soldiers  to  assist  him  in  enforcing  the  judgment  of  a  court 
or  in  suppressing  riots  and  disorderly  proceedings  (p.  253). 
In  reference  to  the  laws  regulating  the  business  of  the 
special  departments  it  frequently  means  but  little,  for,  as 
we  have  seen,  the  officers  of  these  departments  are  often 
elected  independently  of  the  governor  and  are  themselves 
the  authorized  executors  of  the  laws  relating  to  their 
respective  departments,  and  whether  they  administer  the 
law  well  or  ill  the  governor  has  no  control  over  them. 

(2)  Another  duty  of  the  governor  is  to  transmit  to  the 
legislature  a  message,  informing  it  of  the  condition  of  af- 
fairs within  the  State  and  suggesting  such  legislation  as 
he  may  deem  wise.  The  legislature,  however,  is  not  bound 
to  follow  the  suggestions  made  in  the  message  or  even  to 
consider  them.  If  the  legislature  is  not  in  session  and  the 
governor  thinks  certain  legislation  urgent,  he  may  sum- 
mon it  to  meet  in  extra  session  and  lay  before  it  the  meas- 
ures that  demand  immediate  consideration. 

(3)  In   many   States   the   governor   has   the    pardoning 


172  THE  AMERICAN  GOVERNMENT 

power  which  it  is  his  duty  to  exercise  when  he  thinks  a 
person  has  heen  unjustly  convicted  of  crime.  His  pardon 
may  be  absolute  or  he  may  commute  the  punishment.  For 
good  reason  he  may  grant  reprieves.  In  a  few  States  the 
power  of  pardon,  commutation  and  reprieve  is  not  left  to 
the  governor,  but  is  vested  in  a  special  body  of  officers 
known  as  the  board  of  pardons. 

(4)  In  every  State  it  is  the  duty  of  the  governor  to 
appoint  many  officials  whose  selection  is  not  otherwise  pro- 
vided for.  "When  an  elective  official  dies  or  resigns  before 
his  term  ends  the  governor  fills  the  vacancy  by  appointing 
some  one  to  serve  until  another  election  is  held.  When 
vacancies  occur  in  the  representation  of  the  State  in  Con- 
gress, he  issues  writs  for  a  new  election  (12,  162).  In  the 
case  of  a  vacancy  in  the  Senate  he  may  make  a  temporary 
appointment,  if  so  authorized  by  the  legislature  (162). 

(5)  It  is  the  duty  of  the  governor  to  check  hasty  or  cor- 
rupt or  unwise  legislation  by  interposing  his  veto.  Ex- 
perience seems  to  prove  that  the  possession  of  the  veto 
j)Ower  enables  the  governor  to  exercise  a  wholesome  re- 
straint upon  the  legislature,  and  accordingly  the  veto  power 
is  given  to  him  in  all  the  States  but  one. 

(6)  The  governor  performs  numerous  social  duties.  He 
opens  fairs,  dedicates  public  buildings,  presents  diplomas  to 
the  graduates  of  normal  schools  and  colleges,  and  honors 
important  celebrations  and  meetings  with  his  presence. 

II.  The  Lieutenant-governor.  This  officer  serves  when 
the  governor  is  out  of  the  State  or  is  incapacitated  for 
duty.  He  is  ex  officio  president  of  the  Senate,  and  when 
a  vacancy  occurs  in  the  governorship  he  succeeds  to  the 
office.  In  those  States  where  there  is  no  lieutenant-gov- 
ernor the  president  of  the  Senate  usually  succeeds  to  the 
governorship  in  case  of  a  vacancy. 

III.  The  secretary  of  state  records  the  official  acts  of  the 
governor  and  files  the  laws  passed  by  the  legislature.  He 
has  charge  of  all  State  papers,  of  the  journals  of  the  legis- 
lature, and  of  the  historical  documents,  statuary,  paintings, 


THE  STATE  EXECUTIVE  173 

relics,  etc.,  owned  by  the  State.     This  officer  may  properly 
be  called  the  chief  clerk  of  the  executive  department. 

IV.  The  State  comptroller  or  auditor  manages  the  finan- 
cial business  of  the  State.  He  prepares  plans  for  the  im- 
provement and  management  of  revenue,  reports  estimates 
of  the  revenue  and  expenditure  of  the  State,  and  enforces 
the  prompt  collection  of  taxes.  He  keeps  an  account  of 
all  the  money  paid  into  the  treasury  and  all  drawn  from 
it.  Not  a  dollar  can  be  taken  from  the  treasury  without 
his  order.  As  a  rule  it  is  his  duty  to  see  that  those  charged 
with  the  collection  of  revenue  of  the  State  are  responsible 
persons  and  are  properly  bonded.  In  a  few  States  the 
comptroller  serves  on  one  or  more  State  boards. 

V.  The  State  treasurer  has  in  his  keeping  the  money 
paid  into  the  State  treasury.  His  principal  duties  are  to 
receive  the  State  funds,  place  them  where  they  will  be 
safe,  and  pay  them  out  as  he  is  ordered  by  the  comptroller. 
Like  the  comptroller,  the  treasurer  sometimes  serves  upon 
State  boards. 

VI.  The  attorney-general  is  the  law  officer  of  the  State. 
He  appears  in  court  for  the  State  when  it  needs  the  services 
of  a  lawyer,  and  he  gives  legal  advice  to  executive  officers 
when  he  is  called  upon  to  do  so. 

VII.  The  superintendent  of  public  instruction  stands  at 
the  head  of  the  public-school  system  of  the  State.  He 
reports  to  the  governor  or  to  the  legislature  the  condition 
of  educational  affairs  throughout  the  State,  visits  teach- 
ers' institutes  and  other  educational  meetings,  and  delivers 
lectures  upon  educational  topics,  inspects  schools,  suggests 
methods  of  teaching  and  courses  of  instruction  and  pro- 
motes the  cause  of  education  in  many  ways.  In  some  States 
he  prescribes  the  qualifications  of  teachers  and  issues  their 
certificates,  and  supervises  the  distribution  of  the  school 
funds.  In  a  few  States  the  executive  authority  in  refer- 
ence to  the  public  schools  is  vested  in  the  State  Board  of 
Education.  Where  this  is  the  case  the  superintendent  of 
instruction  is  simply  an  agent  of  the  board. 


174  THE  AMERICAN  GOVERNMENT 

The  above  officers  are  found  in  almost  every  State.  The 
governor  and  lieutenant-governor  are  always  elected  by 
the  people,  but  the  method  of  choosing  the  others  varies; 
sometimes  the  people  elect,  sometimes  the  governor  ap- 
points and  sometimes  the  legislature  elects.  In  addition 
to  these  principal  officers  we  find  in  the  different  States 
such  minor  officers  and  boards  as  special  conditions  may 
require.  The  titles  of  these  suggest  the  nature  of  their 
duties  and  may  be  mentioned  without  comment: 

State  insurance  commissioner ;  State  librarian ;  State  commissioner  of 
agriculture;  State  inspector  of  mines;  State  commissioner  of  immigra- 
tion; State  surveyor;  State  tax  commissioner;  State  fire  marshal;  State 
factory  inspector;  State  commissioner  of  fisheries;  State  dairy  inspec- 
tor; State  inspector  of  steam  boilers;  adjutant-general;  State  vaccine 
physician;  State  board  of  health;  State  board  of  medical  examiners; 
State  board  of  public  works;  State  board  of  dentistry;  State  board  of 
railroad  commissioners;  State  board  of  public  utilities;  State  liquor 
license  commissioners;  State  board  of  charities;  State  board  of  par- 
dons. 

No  State  has  aU  of  the  above  officers,  but  every  State 
has  a  few  of  them.  Besides  the  major  and  minor  officials 
that  have  been  mentioned  there  are  in  the  service  of  the 
State  such  assistants,  secretaries,  clerks  and  employees  of 
various  kinds  as  may  be  necessary  for  the  efficient  working 
of  the  several  departments. 

The  Concentration  of  Power  in  the  Hands  of  the  Governor. 

Many  writers  criticize  the  organization  of  the  executive 
departments  of  our  State  governments.  The  powers  ac- 
corded to  the  governor  seem  to  them  to  be  entirely  too  small. 
They  contend  (1)  that  the  chief  State  officials  should  not 
be  the  governor's  colleagues,  each  managing  his  part  of 
the  State's  business  to  suit  himself,  but  that  they  should 
be  his  subordinate  and  dependent  assistants;  (2)  that  if 
you  scatter  power,  you  scatter  and  weaken  responsibility; 
(3)  that  if  you  will  place  the  whole  power  of  administra- 
tion in  the  hands  of  the  governor,  giving  him  the  appoint- 
ment of  all  State  officials  and  the  power  of  removing  them, 


THE  STATE  EXECUTIVE  175 

you  will  have  better  government,  for  you  will  have  a  person 
(the  governor)  whom  you  can  hold  responsible. 

Others  object  to  such  a  concentration  of  power  in  the 
governor's  hands,  claiming:  (1)  that  the  mischief  that 
could  be  done  by  a  bad  governor  with  great  powers  might 
easily  prove  to  be  greater  than  our  present  evils,  which  are 
really  not  great;  (2)  that  we  should  not  risk  giving  the 
most  extensive  power  to  one  man  unless  we  are  sure  that 
the  man  has  knowledge  and  skill  co-extensive  with  his 
powers — in  other  words,  that  omnipotence  implies  omni- 
science; (3)  that  concentration  of  great  power  in  the  hands 
of  rulers  has  not  in  the  past  worked  for  the  happiness  of 
mankind. 

QUESTIONS  ON  THE  TEXT 

1.  How  are  the  executive  functions  of  the  State  government  dis- 
tributed? 

2.  Name  the  State  officials  that  are  found  in  almost  every  State. 

3.  What  are  the  duties  of  the  governor? 

4.  What  are  the  duties  of  the  lieutenant-governor?  of  the  secretary 
of  State?  of  the  State  comptroller?  of  the  State  treasurer?  of  the 
attorney-general?  of  the   superintendent  of  public  instruction? 

5.  Name  some  of  the  minor  officers  of  the  State  executive  department. 

6.  What  services  are  rendered  by  the  State  executive  department? 

7.  Give  reasons  for  and  against  the  concentration  of  power  in  the 
hands  of  the  governor. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Which  of  the  higher  officials  of  this  State  mentioned  in  the  text 
derive  their  authority  from  the  constitution?  From  what  source  do  the 
others  derive  their  authority? 

2.  State  the  qualifications,  term  of  office,  salary  and  chief  duties  of 
the  several  State  officials  provided  for  in  the  constitution;  also  state 
which  of  these  are  elected  by  the  people  and  which  are  appointed. 

3.  Which  of  the  minor  officials  mentioned  in  the  text  are  found  in 
this  State?  Why  do  not  all  the  States  have  minor  officials  of  the  same 
character? 

4.  Has  the  governor  of  this  State  the  veto  power?  If  so,  how  may 
his  veto  be  overcome? 

5.  Under  what  circumstances  may  the  governor  remove  an  official? 

6.  Is  the  tendency  in  this  State  to  give  much  or  little  power  to  the 
governor?     Is  this  tendency  fortunate  or  unfortunate? 


176 


THE  AMERICAN  GOVERNMENT 


7.  Name  the  chief  executive  officials  of  this  State.  In  what  sense 
are  these  officers  representatives? 

8.  What  are  some  of  the  qualifications  of  a  good  governor?  a  good 
comptroller?  a  good  attorney-general?  a  good  State  superintendent  of 
instruction? 

9.  Has  the  governor  of  this  State  the  pardoning  power?  Is  the 
pardoning  power  an  executive  or  a  judicial  function? 

10.  In  which  of  the  three  departments  of  the  government  of  this 
State  do  the  people  take  the  most  pride?  In  which  do  they  take  the 
least  pride? 

11.  What  officers  of  this  State  would  be  best  fitted  to  serve  as  the 
President  of  the  United  States?  What  officer  would  be  best  fitted  to 
serve  in  the  President's  cabinet? 

12.  What  provision  is  made  in  the  constitution  of  this  State  for  the 
impeachment  of  officers?  Compare  the  process  of  impeachment  with 
the  procedure  of  the  recall  (p.  23). 

13.  Fill  out  the  following  scheme  for  the  executive  department  of 
the  State: 


Name? 

Appointed 

OR 

Elected? 

Term  op 
Office? 

Salary? 

Duties? 

Governor 

Lieutenant- 
Governor 

Secretary 
of  State 

Treasurer 

Comptroller 
or  Auditor 

Attorney- 
General 

Superintendent 
of  Education 

Topics  for  Special  Worl\— The  Power  of  Pardon:  8,  83-92.  The 
Governor's  Part  in  Legislation:  8,  181-184.  The  State  Governor:  30, 
271-275.    Public  Service  Commissions:    30,  275-281. 


XXIV 

THE  STATE  JUDICIARY 

The  Selection  of  the  State  Judiciary.  Under  England's 
rule  each  colony  had  its  own  judicial  system.  The  judges 
^excepting  those  of  Rhode  Island  and  Connecticut — were 
appointed  by  the  colonial  governor.  After  independence 
was  declared  each  State  retained  the  system  of  courts  to 
which  it  had  been  accustomed,  but  under  the  new  constitu- 
tions eight  States  vested  the  election  of  judges  in  the 
legislature,  while  five  gave  the  appointment  of  them  to  the 
governor.  Early  in  the  nineteenth  century,  Georgia,  ven- 
turing upon  a  policy  hitherto  unknown  in  the  history  of 
politics,  entrusted  the  election  of  its  judges  to  the  people. 
As  democracy  grew  stronger  the  people  began  to  demand 
the  privilege  of  electing  their  judges  as  well  as  their  other 
officers,  and  the  example  set  by  Georgia  came  to  be  gen- 
erally followed,  especially  in  the  new  States.  At  the  pres- 
ent time  in  more  than  three  fourths  of  the  States  the 
judges  are  chosen  by  the  voters.  In  the  other  States  they 
are  either  appointed  by  the  governor  or  chosen  by  the 
legislature. 

The  Several  Grades  of  State  Courts.  The  names  of  the 
several  grades  of  State  courts  and  the  jurisdiction  of  each, 
the  method  of  choosing  the  judges,  their  qualifications, 
their  salaries,  their  term  and  tenure  of  office,  and  other 
important  matters  pertaining  to  the  judiciary  are  usually 
prescribed  in  the  State  constitution. 

Since  the  judicial  department  of  a   State   is   organized 
in  accordance  with  the  necessities  and  traditions  of  a  par- 


178  THE  AMERICAN  GOVERNMENT 

ticular  region,  we  must  not  expect  to  find  the  system  of 
any  two  States  precisely  alike.  The  work  of  a  State  court, 
however,  is  everywhere  the  same:  it  administers  justice  in 
cases  that  come  within  the  scope  of  State  laws,  and  these 
are  the  laws  which  relate  to  most  of  the  affairs  of  daily 
life  (p.  56).  In  the  administration  of  justice  in  the  State 
it  has  been  found  convenient  in  all  the  States  to  have  at 
least  three  grades  of  courts : 

I.  The  Justice's  Court.  This  court,  the  lowest  in  the 
series,  is  held  by  a  justice  of  the  peace  and  may  be  called 
the  court  of  the  neighborhood,  for  in  every  community  it 
is  near  at  hand  to  administer  justice  in  small  affairs.  In 
it  are  tried  petty  misdemeanors  and  civil  cases  involving 
small  sums  of  money.  In  the  trial  of  trivial  offenses  and 
of  civil  cases  involving  but  a  small  sum  of  money  the 
decision  of  the  court  is  usually  final,  but  when  its  judgment 
inflicts  a  severe  penalty  or  involves  a  considerable  sum 
of  money  an  appeal  may  be  taken  to  a  higher  court.  In 
cities,  police  courts,  sometimes  called  municipal,  some- 
times magistrates',  courts,  are  often  established  for  petty 
criminal  cases.  WTiere  the  police  court  exists  side  by 
side  with  the  justice's  court  the  latter  tries  only  civil 
cases. 

II.  The  Circuit  or  District  Court}  This  is  the  tribunal 
next  above  the  justice's  court,  and  it  may  be  called  the 
court  of  the  county,  for  it  is  held  in  every  county  at  the 
county-seat.  It  must  not  be  understood,  however,  that  the 
jurisdiction  of  the  judges  of  this  court  is  limited  to  a  single 
county,  A  circuit  (or  district)  usually  includes  several 
counties,  and  the  judges  of  a  circuit  go  from  county  to 
county  to  hold  court.  In  rural  districts  this  court  tries 
both  civil  and  criminal  cases,  but  in  the  larger  cities  there 

^  This  tribunal  is  called  the  circuit  court  in  19  States,  the  district 
court  in  12  States,  the  superior  court  in  9  States,  the  court  of  common 
pleas  and  oyer  and  terminer  in  2  States,  the  court  of  general  sessions 
in  one  State,  and  the  county  court  in  one  State.  The  student  should  be 
careful  not  to  confuse  the  circuit  or  district  court  of  the  State  with 
the  circuit  and  district  courts  of  the  federal  system. 


THE  STATE  JUDICIARY  179 

is  generally  a  criminal  court  of  corresponding  grade  for 
the  trial  of  the  criminal  cases. 

These  courts  of  the  second  grade  are  the  centres  of  most 
of  the  judicial  activity  of  the  State.  In  them  are  tried  the 
weightier  cases  of  the  law.  They  review  the  cases  appealed 
from  the  justice's  court  and  they  have  original  jurisdiction 
in  serious  criminal  cases  and  in  important  civil  cases. 

It  is  in  these  courts,  too,  that  the  jury  figures  most  prom- 
inently as  an  agency  of  justice.  Juries  are  of  two  kinds, 
grand  and  petit.  The  grand  jury  is  a  body  of  men  vary- 
ing from  12  to  23  in  number,  chosen  by  court  officials  to 
inquire  whether  there  have  been  any  violations  of  the  law 
in  the  community  and  to  determine  whether  or  not  these 
persons  under  suspicion  should  come  up  for  trial.  When 
making  an  inquiry  into  a  criminal  charge  the  grand  jury 
sits  in  secret  and  hears  only  the  evidence  against  the  ac- 
cused. Its  function  is  not  to  try  the  accused,  but  to  decide 
whether  on  the  face  of  things  there  is  sufficient  evidence  of 
guilt  to  warrant  a  trial.  When  a  majority  of  tlie  grand 
jury  are  satisfied  that  the  case  ought  to  be  tried  the  in- 
dictment is  endorsed  with  the  words  "a  true  bill,"  and 
the  case  goes  to  the  petit  jury  to  be  tried.  This  body  (in 
all  the  States  but  one)  must  consist  of  twelve  men.  It 
sits  in  open  session,  hears  evidence  on  both  sides  of  the 
case.  During  the  progress  of  the  trial  questions  of  law 
are  determined  by  the  court;  the  jury  determines  only 
questions  of  fact.  After  the  evidence  has  all  been  given 
and  counsel  on  both  sides  of  the  case  have  been  heard, 
the  jury  retires  from  the  court-room  and  is  locked  into 
a  small  room  where  it  remains  until  it  finds  a  verdict,  or 
until  the  judge  decides  that  no  verdict  will  be  reached. 

All  the  twelve  ^  members  must  agree  upon  the  verdict. 
When  no  agreement  is  reached  a  new  trial  may  be  ordered. 
As  a  general  rule  the  verdict  of  a  jury  is  decisive. 

Juries  are  chosen  from  the  ordinary  citizens  in  the  neigh- 

^  In  a  few  States  the  agreement  of  three-fourths  of  the  members  of 
a  jury  is  sufficient  to  render  a  verdict. 


180  THE  AMERICAN  GOVERNMENT 

borhood  in  which  the  trial  is  conducted — from  farmers, 
mechanics,  merchants — and  this  is  the  feature  doubtless 
that  makes  trial  by  jury  so  popular.  When  a  man  is  tried 
by  men  who  are  neither  too  far  above  him  nor  too  far 
below  him  to  have  sympathy  with  him,  he  has  a  good 
chance  for  a  fair  trial.  The  jury  system,  like  every  other 
human  institution,  has  its  defects,  but  notwithstanding  its 
shortcomings  it  is  one  of  the  greatest  safeguards  of  civil 
liberty  ever  invented. 

III.  The  Supreme  Court}  In  this  court  resides  the  su- 
preme judicial  authority  of  the  State.  It  sits  at  the  State 
capital,^  where  it  holds  sessions  the  greater  part  of  the  year. 
Its  jurisdiction  is  for  the  most  part  appellate,  although 
there  are  a  few  instances  in  which  it  has  original  jurisdic- 
tion. For  example,  a  case  involving  the  official  action 
of  a  State  officer  is  usually  begun  in  the  supreme  court. 
Most  of  the  cases,  however,  tried  in  the  supreme  court 
come  up  to  it  from  the  courts  below.  When  a  decision  of 
this  court  conflicts  in  no  way  with  the  federal  authority 
it  is  final,  and  is  binding  upon  the  people  of  the  State  as 
long  as  the  State  constitution  remains  unchanged,  but  when 
the  decision  conflicts  with  federal  law  or  with  the  federal 
Constitution  it  may  be  reversed  by  the  Supreme  Court  of 
the  United  States. 

Intermediate  Courts  of  Appeal.  In  several  States  where 
the  work  of  the  courts  is  unusually  heavy  there  has  been 
inserted  between  the  court  of  the  second  grade  and  the 
supreme  court  an  intermediate  court  of  appeals.^  This 
additional  tribunal  has  been  established  to  relieve  the  State 

^  In  four  States  (Kentucky,  Maryland,  New  Jersey  and  New  York) 
this  court  is  called  the  Court  of  Appeals.  In  Texas  there  are  two  su- 
preme courts,  one  for  civil  and  one  for  criminal  cases. 

^  In  a  few  States  the  supreme  court,  for  the  convenience  of  the  pub- 
lie,  holds  sessions  at  several  different  places  in  the  State. 

^  Pennsylvania,  Illinois,  Louisiana  and  Missouri  have  courts  of  this 
kind.  In  New  York  there  is  below  the  court  of  appeals,  the  highest 
court  of  the  State,  a  supreme  court,  one  division  of  which  is  an  inter- 


THE  STATE  JUDICIARY  181 

supreme  court  of  some  of  its  burden,  just  as  the  federal 
Circuit  Court  of  Appeals  (p.  156)  was  established  for  the 
purpose  of  making  easier  the  work  of  the  federal  Supreme 
Court.  The  jurisdiction  of  this  intermediate  court  is  purely 
appellate,  and  its  decisions  are  final,  except  in  a  few  speci- 
fied cases  which  may  be  carried  from  it  up  to  the  higher 
court. 

Probate,  County  and  Chancery  Courts.  In  many  of  the 
States  we  find  in  every  county  a  probate  court — sometimes 
called  the  orphans'  court  (p.  199).  In  States  where  there  is 
no  separate  court,  the  probate  business  is  given  to  the 
county  court,  an  institution  found  in  many  States.  This 
county  court  in  a  few  States  has  functions  Avhich  are  purely 
judicial  and  may  try  misdemeanors  and  small  civil  cases. 
In  six  States  we  find  chancery  courts  separate  from  the 
law  courts.  In  these  chancery  courts  the  equity  cases  are 
tried.  As  a  rule,  however,  equity  cases  are  tried  in  the 
regular  law  courts  of  the  system. 

The  Relation  of  the  State  Judiciary  to  the  Federal  Judi- 
ciary. The  State  courts  are  entirely  independent  of  the 
federal  courts.  They  have  their  own  judges  and  court 
officers — sheriffs,  clerks  and  prosecuting  officers  (p.  198)  — 
and  their  own  court-houses.  They  attend  to  the  judicial 
business  of  the  State  and  cannot  be  compelled  to  perform 
judicial  duties  of  a  federal  nature.  Their  decisions,  how- 
ever, may  be  reviewed  and  reversed  by  the  federal  courts. 
When  one  of  the  parties  to  a  case  in  a  State  court  claims 
that  the  decision  of  the  court  is  contrary  to  the  federal 
Constitution  or  to  federal  law  the  case  may  be  carried 
over  to  the  federal  courts  for  trial,  but  when  a  ease  is 
wholly  outside  of  federal  authority  it  must  receive  its  final 
settlement  in  a  State  court. 

mediate  court  of  appeals.  The  other  division  of  the  supreme  court  does 
for  the  most  part  the  work  of  a  court  of  the  second  grade,  that  is  to 
say,  of  a  circuit  or  district  court. 


182  THE  AMERICAN  GOVERNMENT 

The  Powers  of  the  State  Judiciary.  The  part  played  by 
the  State  judiciary  in  our  civil  life  is  of  the  highest  im- 
portance. Most  of  the  cases  that  come  up  for  settlement 
are  tried  in  the  State  courts.  The  volume  of  State  judicial 
business  is  probably  ten  times  as  great  as  the  business  of 
the  federal  judiciary  within  the  State.  Among  the  powers  of 
the  State  judge  are  the  following: 

(1)  He  may  declare  a  statute  of  the  legislature  invalid 
on  the  ground  that  it  conflicts  {a)  with  the  Constitution 
of  the  United  States  (127),  or  (&)  with  a  statute  or  treaty 
of  the  federal  government,  or  (c)  with  a  decision  of  the 
Supreme  Court  of  the  United  States,  or  {d)  with  the  consti- 
tution of  the  State. 

(2)  When  the  case  before  the  court  is  novel,  and  there 
is  no  law,  either  customary  or  written,  which  will  fit  the 
case  the  judge  may  nevertheless  render  a  decision,  and 
this  decision  is  not  only  law  for  the  case  in  hand,  but  it 
will  also  generally  be  regarded  in  other  courts  of  the  State 
as  the  law  for  similar  cases  when  they  shall  arise.  Laws 
thus  established  by  judicial  decisions  are  distinguished 
from  those  enacted  by  the  legislature  and  are  called  judge- 
made  laws  or  case  laws. 

(3)  Judges  in  courts  of  equity — and  in  most  States  the 
regular  law  courts  are  also  courts  of  equity — ^liave  the  power 
to  issue  the  writ  of  injunction  forbidding  a  person  to  do,  or 
commanding  him  to  do,  a  certain  thing.  If  the  injunction  is 
disobeyed  the  person  disobeying  it  is  liable  to  punishment. 
The  injunction  is  generally  used  to  prevent  the  commission  of 
wrongs  wiiich  could  not  be  prevented  by  the  ordinary  work- 
ings of  a  lawsuit.  Thus,  if  a  railroad  company  begins  to  lay 
its  tracks  across  a  man's  property  without  first  securing  a 
right  of  way,  a  judge  in  a  court  of  equity,  at  any  time  of  the 
day  or  night,  will  issue  an  injunction  forbidding  the  railroad 
to  continue  the  laying  of  the  tracks.  In  recent  cases  courts 
have  forbidden  labor  leaders  and  others  to  induce  or  coerce 
workingmen  to  strike  where  the  strike  would  cause  irrepar- 
able injury  and  damage  to  the  employers.    This  use  of  the 


THE  STATE  JUDICIARY  183 

injunction  has  met  with  fierce  opposition  and  is  regarded  by- 
many  as  unwarranted  and  unjust.  The  power  of  injunction 
is  exercised  by  federal  as  well  as  by  State  judges. 

(4)  In  certain  cases  State  judges  may  issue  the  writ  of 
mandamus.  This  writ  is  issued  to  an  officer,  or  corporation, 
requiring  the  performance  of  a  public  duty  which  the  offi- 
cer or  corporation  has  refused  to  perform.  The  purpose 
of  this  important  writ  is  to  compel  the  officer  to  go  forward 
and  do  that  which  his  position  plainly  requires  him  to  do. 
Federal  judges  also  may  in  certain  cases  issue  the  writ  of 
mandamus. 

QUESTIONS  ON  THE  TEXT 

1.  How  were  judges  selected  in  colonial  times?  How  are  they  se- 
lected at  the  present  time? 

2.  What  is  the  function  of  the  State  judiciary? 

3.  Give  an  account  of  each  of  the  three  grades  of  State  courts. 

4.  What  is  the  function  of  an  intermediate  court  of  appeal? 

5.  What  is  a  probate  court?  a  chancery  court? 

6.  In  what  relation  does  the  State  judiciary  stand  to  the  federal 
judiciary? 

7.  Name  four  important  powers  of  the  State  judiciary, 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Examine  the  constitution  of  this  State  for  answers  to  the  follow- 
ing questions:  (a)  What  are  the  names  of  the  several  grades  of  courts 
beginning  with  the  lowest?  (6)  How  do  justices  of  the  peace  and 
police  magistrates  receive  their  office,  by  election  or  by  appointment? 
(c)  What  is  the  name  of  the  court  corresponding  to  the  circuit  court 
described  in  the  text?  State  the  qualifications  of  the  judges  of  this 
court,  the  term  of  their  office,  the  mode  of  their  election  or  appointment 
and  the  salary  received.  What  is  the  number  of  the  circuit  (or  dis- 
trict) in  which  you  live?  Bound  this  circuit  and  name  the  judges. 
{d)  What  is  the  name  of  the  court  corresponding  to  the  supreme  court 
described  in  the  text?  State  the  qualifications  of  the  judges  of  this 
office,  the  term  of  the  office,  mode  of  election  or  appointment  and  the 
salary  received. 

3.  Why  should  the  term  of  office  of  a  judge  be  longer  than  that  of 
other  officers? 

4.  Which  are  the  most  important,  good  law-makers,  good  executive 
officers,  or  good  judges? 

Topics  for  Special  WorTc. — Trial  by  Jury:  10,  184-197;  30,  320-327. 
The  American  Lawyer:    10,  344-364.     The  Writ  of  Injunction:  10,  47. 


XXV 

TERRITORIES  AND  DEPENDENCIES 

Introductory.  The  account  of  the  organization  of  the 
State  may  appropriately  be  followed  by  an  account  of  the 
organization  of  the  Territory,  for  the  Territory  is  simply 
an  infant  State, — a  State  in  the  first  grade  of  government. 
This  chapter,  therefore,  will  treat  of  territorial  govern- 
ment, but  the  treatment  will  include  both  Territories  prop- 
erly so-called  and  also  those  other  territorial  possessions 
that  do  not  as  yet  bid  fair  to  be  incorporated  into  the 
Union.  In  the  account  it  will  be  convenient  to  speak  of 
Territories  and  Dependencies,  but  it  need  not  be  supposed 
that  the  distinction  between  a  Territory  and  a  Dependency 
is  always  sharp  and  clear.  The  student,  however,  will  do 
well  to  bear  in  mind  that  a  Territory  is  incorporated  into 
and  forms  a  part  of  the  United  States,  while  a  Dependency 
belongs  to  but  it  is  not  an  integral  part  of  the  United 
States.  IMoreover,  it  may  be  broadly  stated  that  the  in- 
habitants of  a  Territory  are  citizens  of  the  United  States, 
while  the  inhabitants  of  a  Dependency  are  not. 

Territories  and  Dependencies  Governed  by  Congress.    All 

territory  not  included  within  the  boundaries  of  a  State, 
yet  subject  to  the  dominion  of  the  United  States,  is  wholly 
dependent  upon  Congress  for  its  governmental  powers. 
This  is  the  fundamental  principle  underlying  all  questions 
relating  to  the  government  of  territory  subject  to  the  sover- 
eignty of  the  United  States  and  not  included  within  a  State. 
"The  Congress,"  says  the  Constitution,  "shall  have  power 
to  dispose  of  and  make  all  needful  rules  and  regulations 
respecting  the   Territory   or   other  property   belonging   to 

184 


TERRITORIES  AND  DEPENDENCIES  185 

the  United  States"  (119).  The  power  of  Congress  over 
federal  territorial  possessions  of  whatever  kind  or  wherever 
located  is  practically  supreme.  "The  Territories  of  the 
United  States  are  entirely  subject  to  the  legislative  au- 
thority of  Congress.  They  are  not  organized  under  the 
Constitution  nor  subject  to  its  complex  distribution  of 
powers  of  government  as  the  organic  law,  but  are  the  crea- 
tion exclusively  of  the  legislative  department  and  subject 
to  its  supervision  and  control.  The  United  States,  having 
rightfully  acquired  the  territories,  and  having  become  the 
only  government  that  can  impose  laws  upon  them,  have  the 
entire  domain  and  sovereignty,  national  and  municipal, 
federal  and  State.  It  may  legislate  in  accordance  with  the 
special  needs  of  each  locality  and  vary  its  regulations  to 
meet  the  circumstances  of  the  people.  ...  In  a  Territory 
all  of  the  functions  of  government  are  within  the  legisla- 
tive jurisdiction  of  Congress."  ^ 

When  planning  for  the  government  of  federal  territory 
from  time  to  time.  Congress  has  dealt  with  each  case  ac- 
cording to  its  merits.  Now  it  has  permitted  a  newly  ac- 
quired possession  to  enter  into  an  immediate  enjoyment 
of  statehood;  now  it  has  provided  liberally  for  local  self- 
government;  now  it  has  held  the  reins  of  government 
tightly  in  its  own  hands.  This  policy  of  giving  to  each 
community  a  government  suitable  to  its  needs  has  led  to 
the  establishment  of  so  many  different  kinds  of  govern- 
ments in  the  Territories  and  Dependencies  that  a  satisfac- 
tory classification  of  them  cannot  be  made.  Nevertheless, 
the  inferior  governments  may  be  conveniently  studied 
under  two  headings,  namely:  (1)  Territories  and  Depen- 
dencies on  the  American  Continent,  and  (2)  Insular  Ter- 
ritories and  Dependencies. 

Territories  and  Dependencies  on  the  American  Continent. 

These  are :    Indian  reservations  and  National  Parks;  Alaska, 

^Endlemen,  et  al.,  v.  United  States.     Quoted  in  Willoughby's 
"Territories  and  Dependencies." 


186  THE  AMERICAN  GOVERNMENT 

purchased  from  Russia  in  1867;  the  District  of  Columbia, 
ceded  to  the  United  States  by  Maryland  and  Virginia^  in 
1790  as  the  permanent  seat  of  the  federal  government ;  and 
the  Panama  Canal  Strip,  acquired  from  the  Republic  of 
Panama  in  1904. 

I.  Indian  Reservations  and  National  Parks.  In  the 
management  of  the  territory  that  has  been  under  its  control 
the  national  government  has  from  time  to  time  marked  off 
and  reserved  certain  lands  for  the  use  of  the  Indians.  Scat- 
tered over  the  country  there  are  in  all  about  160  of  these 
Indian  reservations.  Some  of  them  have  a  very  large  area. 
The  Navaho  reservation  in  Arizona  has  an  area  considerably 
larger  than  the  State  of  Maryland.  An  Indian  reservation 
is  a  kind  of  Dependency  of  the  United  States.  The  tribes 
living  on  a  reservation  are  under  the  control  of  Congress. 
The  national  government  protects  the  Indians  on  the  reser- 
vation against  injustice  at  the  hands  of  the  white  man,  gives 
them  food  supplies,  and  supports  schools  among  them.  The 
expenditures  of  the  United  States  on  account  of  the  In- 
dians in  the  fiscal  year  ending  June  30,  1914,  were  nearly 
$20,000,000.  Of  this  sum  more  than  $4,000,000  was  spent 
for  the  support  of  Indian  schools.  Indian  affairs  are  under 
the  management  of  the  Indian  Office,  a  bureau  in  the  De- 
partment of  the  Interior. 

In  the  management  of  its  public  domain  the  national 
government  has  also  set  off  several  large  tracts  of  land  to 
be  used  as  parks.  These  parks  and  reservations  are  under 
the  supervision  of  the  Secretary  of  the  Interior.  Some  of 
them  have  an  area  of  vast  extent.  The  Yellowstone  Na- 
tional Park,  located  in  Wyoming,  Montana,  and  Idaho,  has 
an  area  of  over  2,000,000  acres  and  is  much  larger  than  the 
State  of  Delaware.  The  Glacier  National  Park,  in  Mon- 
tana, has  an  area  of  nearly  1,000,000  acres  and  is  larger 
than  the  State  of  Rhode  Island.  Other  large  parks  of  this 
kind  are  the  Piatt  National  Park,  in  Oklahoma;  the  Yo- 

^The  portion  of  the  District  granted  by  Virginia  was  afterwards 
retroceded  to  that  State  by  the  tJnited  States. 


TERRITORIES  AND  DEPENDENCIES  187 

Semite  National  Park,  in  California;  the  Mount  Ranier 
National  Park,  in  Washington;  the  Crater  National  Park, 
in  Oregon.  Each  of  these  parks  has  a  resident  superin- 
tendent. 

II.  Alaska.  After  neglecting  this  region  for  a  long 
time  Congress  at  last,  in  1900,  provided  for  it  a  code  of  laws 
and  a  suitable  form  of  government.  In  1912  Congress  vested 
the  legislative  power  of  the  Territory  of  Alaska  in  an  elec- 
tive Legislature  consisting  of  a  senate  and  a  house  of  rep- 
resentatives. The  governor  of  the  Territory  is  appointed  by 
the  President.  The  governor  has  the  veto  power  but  his 
veto  may  be  over-ruled  by  a  two  thirds  vote  of  all  the  mem- 
bers of  each  house.  All  laws  passed  by  the  Territorial 
legislature  must  be  transmitted  by  the  governor  to  the 
President  of  the  United  States  and  by  him  submitted  to 
Congress.  If  a  law  of  the  Territorial  Legislature  is  disap- 
proved by  Congress  it  becomes  null  and  void.  In  addi- 
tion to  the  governor,  Alaska  has  as  its  other  executive  offi- 
cers a  secretary  of  territory,  a  treasurer,  and  a  superin- 
tendent of  education.  The  Territory  is  divided  into  four 
judicial  divisions  with  a  judge  for  each  division. 

Alaska  has  a  territorial  delegate  in  the  House  of  Rep- 
resentatives at  Washington.  The  delegate  is  the  political  tie 
which  binds  the  Territory  to  the  federal  government.  The 
territorial  delegate  is  elected  every  two  years  by  popular 
vote.  He  has  a  right  to  a  seat  in  the  House  of  Representa- 
tives, and  receives  the  same  salary  as  other  members  of 
Congress.  He  serves  on  committees  and  may  speak  on  all 
questions  pertaining  to  his  Territory,  but  he  has  no  vote. 

III.  The  District  of  Columbia}  The  government  of  the 
District  of  Columbia,  by  the  Constitution,  is  vested  exclu- 
sively in  Congress  (61).  Several  methods  of  governing  the 
District  had  been  tried  when  in  1878  Congress  estab- 
lished the  present  form  of  government, — a  form  as  simple 

*  Strictly  speaking  the  District  of  Columbia  is  neither  a  Territory  nor 
a  Dependency;  it  is  simply  a  "municipal  corporation  with  such  powers 
as  are  common  to  municipal  corporations  in  general." 


188  THE  AMERICAN  GOVERNMENT 

as  anything  known  to  American  politics.  The  District  is 
governed  by  a  board  of  three  commissioners  appointed  by 
the  President.  Two  of  the  commissioners  must  be  ap- 
pointed from  civil  life,  and  one  must  be  an  officer  of  the 
army.  This  board  exercises  not  only  the  executive  power, 
but  acts  in  many  respects  as  a  legislature.  Its  reasonable 
regulations  in  respect  to  matters  affecting  the  life,  health 
and  comfort  of  the  people  have  the  force  of  laws.  Al- 
though Washington — the  District  of  Columbia  is  but  an- 
other name  for  the  city  of  Washington — has  no  distinct 
legislature  of  its  own,  it  nevertheless  enjoys  the  services 
of  the  greatest  legislative  body  of  the  country,  for  Con- 
gress keeps  its  eye  upon  the  affairs  of  the  District  and 
devotes  certain  days  to  the  consideration  of  District  busi- 
ness. When  legislating  for  the  District,  Congress  acts  as 
a  city  council,  and  visitors  to  the  Capitol  may  hear  sena- 
tors and  representatives  discussing  such  topics  of  local 
government  as  the  repairing  of  the  streets  or  the  regu- 
lation of  trolley  lines  or  the  adjustment  of  teachers'  salaries. 

The  judicial  system  of  the  District  consists  of  a  court  of 
appeals,  a  regular  trial  court  called  the  supreme  court,  and 
a  police  court  for  the  trial  of  petty  offenses  and  municipal 
regulations.  Justices  of  the  peace  are  provided  for  the  trial 
of  certain  kinds  of  civil  eases.  All  these  judicial  officers  are 
appointed  by  the  President. 

The  District  of  Columbia  has  no  delegate  in  Congress. 

V.  The  Panama  Canal  Strip.  This  consists  of  a  zone  of 
land  of  the  width  of  ten  miles,  extending  to  the  distance  of 
five  miles  on  each  side  of  the  central  line  of  the  route  of  the 
Panama  Canal.  The  region  has  been  placed  under  the 
control  of  a  governor  who  is  appointed  by  the  President. 
The  canal  itself  is  absolutely  neutral,  being  free  and  open 
to  the  vessels  of  commerce  and  war  of  all  nations.  The  toll 
rates  on  the  canal  are  the  same  for  the  vessels  of  all  nations 
and  the  vessels  of  no  nation,  not  even  those  of  the  United 
States,  are  exempted  from  the  pajonent  of  tolls.    It  is  pro- 


TERRITORIES  AND  DEPENDENCIES  189 

vided  by  treaties  that  the  canal  shall  never  be  blockaded 
and  that  no  act  of  hostility  shall  ever  be  committed  in  it. 
Warships  must  pass  through  the  canal  with  the  least  possible 
delay  and  no  belligerent  vessel  while  in  the  canal  may  em- 
bark or  disembark  troops  or  munitions  of  war. 

Insular  Territories  and  Dependencies.  These  are :  Hawaii, 
annexed  by  a  joint  resolution  of  Congress  in  1898  (July  7)  ; 
Porto  Rico,  occupied  July  25,  1898  by  military  forces  of 
the  United  States  under  General  Miles;  the  Philippine  Is- 
lands, occupied  August  13,  1898,  by  military  forces  under 
Admiral  Dewey;  Guam,  seized  by  the  United  States  navy 
during  the  war  with  Spain  in  1898;  certain  islands  of  the 
Samoan  group  acquired  by  treaty  in  1900.^ 

I.  Hawaii.  The  Hawaiian  Islands  are  governed  under 
the  name  of  "The  Territory  of  Hawaii"  by  an  act  of  Con- 
gress passed  in  1900.  The  act  provides  for  a  territorial  form 
of  government  consisting  of  a  legislative,  an  executive,  and 
a  judicial  department.  The  legislature  consists  of  a  senate 
and  a  house  of  representatives  whose  members  are  elected  by 
the  voters  of  Hawaii.  The  executive  power  is  lodged  in  a 
governor  and  a  territorial  secretary  appointed  by  the  Presi- 
dent. An  attorney-general,  a  treasurer,  a  superintendent 
of  public  instruction,  an  auditor  and  several  other  ad- 
ministrative officers  are  appointed  by  the  governor  and  con- 
firmed by  the  senate  of  Hawaii.  The  territorial  courts  con- 
sist of  a  supreme  court  and  circuit  courts,  the  judges  of 
which  are  appointed  by  the  President.  Hawaii  is  repre- 
sented in  Congress  by  a  delegate  who  is  elected  biennially 
by  the  people.  The  act  annexing  Hawaii  conferred  upon 
the  citizens  of  Hawaii  the  rights  of  citizens  of  the  United 
States. 

'  Wake  Island,  Midway  or  Broad  Island,  Howland  and  Baker  islands 
and  the  Guano  islands  officially  belong  to  the  United  States,  but  since 
tliey  are  practically  uninhabited  they  have  not  been  provided  with 
governments. 


190  THE  AMERICAN  GOVERNMENT 

II.  Porto  Rico.  The  organic  act  establishing  a  govern- 
ment for  this  island  was  passed  in  April,  1900.  It  provides 
for  the  appointment  by  the  President  of  a  governor,  a  secre- 
tary, an  attorney-general,  a  treasurer,  an  auditor,  a  com- 
missioner of  the  interior  and  a  commissioner  of  education. 
All  these  officers  hold  their  positions  for  four  years. 

The  legislature  of  Porto  Rico  is  bicameral.  The  upper 
house,  known  as  the  executive  council,  consists  of  the  exec- 
utive officers  mentioned  above  (not  including  the  gov- 
ernor), and  of  five  other  persons,  native  inhabitants  of  Porto 
Rico,  appointed  by  the  President  of  the  United  States. 
This  branch  of  the  legislature  is  therefore  not  constituted 
in  accordance  with  American  ideas  of  representation,  for 
it  is  not  elected  by  the  people.  The  lower  branch  consists 
of  delegates  elected  by  the  voters  of  the  island  for  the  term 
of  two  years.  The  governor  can  veto  the  act  of  the  legisla- 
ture. 

The  judicial  system  of  the  island  consists  of  a  Supreme 
Court  composed  of  judges  appointed  for  life  or  good  be- 
havior by  the  President;  of  district  courts  presided  over  by 
judges  appointed  by  the  governor;  and  of  municipal  courts 
whose  judges  are  elected  by  the  people. 

The  organic  act  for  Porto  Rico  provides  that  the  voters 
of  the  island  every  two  years  shall  elect  a  commissioner, 
who  shall  be  entitled  to  official  recognition  as  such  by  all 
the  departments  at  Washington.  This  commissioner  in 
the  intention  of  the  law  is  plainly  not  a  delegate,  yet  by 
the  grace  of  the  House  of  Representatives  he  has  been 
accorded  the  right  to  speak  in  that  body  and  to  serve  on 
its  committees.  For  all  practical  purposes,  therefore,  he 
is  in  reality  a  territorial  delegate,  although  Porto  Rico 
can  hardly  be  said  to  be  a  Territory,  for  it  is  not  a  part 
of  the  United  States,  Its  inhabitants  are  citizens  of  Porto 
Rico  and  are  entitled  to  the  protection  of  the  United  States, 
but  they  are  not  American  citizens. 

III.  The  Philippine  Islands.     In  February,  1899,  after 


TERRITORIES  AND  DEPENDENCIES         191 

the  Philippine  Islands  had  been  ceded  to  the  United  States 
by  the  treaty  of  Paris,  the  following  resolution  was  passed 
by  Congress: 

Resolved,  etc.,  That  by  the  ratification  of  the  treaty  of 
peace  with  Spain  it  is  not  intended  to  incorporate  the  in- 
habitants of  the  Philippine  Islands  into  citizenship  of  the 
United  States,  nor  is  it  intended  to  permanently  annex 
said  islands  as  an  integral  part  of  the  territory  of  the 
United  States;  but  it  is  the  intention  of  the  United  States 
to  establish  in  said  islands  a  government  suitable  to  the 
wants  and  conditions  of  the  inhabitants  of  said  islands  to 
prepare  them  for  self-government,  and  in  due  time  to 
make  such  disposition  of  said  islands  as  will  best  promote 
the  interests  of  the  citizens  of  the  United  States  and  the 
inhabitants  of  said  islands. 

In  accordance  with  the  spirit  of  the  above  resolution,  Con- 
gress has  given  to  the  Filipinos  the  form  of  government 
which  has  seemed  best  suited  to  their  needs,  changing  the 
form  from  time  to  time  as  conditions  on  the  islands  have 
changed.  At  present  (1915)  the  islands  are  virtually  gov- 
erned by  the  Philippine  Commission  which  consists  of  nine 
members  appointed  by  the  President,  five  members  being 
Filipinos  and  four  being  Americans.  One  of  the  members 
of  the  Commission  is  known  as  the  Governor-General  and  is 
the  chief  executive  officer.  There  are  four  executive  de- 
partments, namely,  the  department  of  the  interior,  the 
department  of  finance  and  justice,  the  department  of  com- 
merce and  police,  and  the  department  of  public  instruction. 
The  legislature,  known  as  the  Philippine  Assembly,  consists 
of  a  lower  house  elected  by  the  people  and  an  upper  house 
composed  of  the  members  of  the  Philippine  Commission. 
It  will  be  observed  that  the  government  of  the  Philippine 
Islands  closely  resembles  the  government  of  Porto  Rico. 
The  Filipinos  are  not  citizens  of  the  United  States,  but 
they  enjoy  many  of  the  rights  of  American  citizenship. 

The  Philippine  Islands  have  no  delegate  in  Congress,  yet 


192  THE  AI\IERICAN  GOVERNMENT 

they  are  permitted  to  send  to  Washington  two  commissioners 
who  appear  before  the  committees  of  Congress  and  represent 
the  interests  of  the  islands. 

The  judicial  system  of  the  Islands  includes  a  supreme 
court,  consisting  of  a  chief  justice  and  six  associate  justices, 
courts  of  general  trial  for  the  provinces,  and  justices' 
courts  for  the  municipalities.  The  judges  of  the  supreme 
court  are  appointed  by  the  President  of  the  United  States, 
but  the  judges  of  the  provincial  courts  and  the  justices  of 
the  peace  are  appointed  by  the  governor  of  the  island. 
Cases  may  be  carried  by  appeal  from  the  supreme  court  of 
the  island  to  the  Supreme  Court  of  the  United  States. 

The  archipelago  is  divided  for  governmental  purposes 
into  provinces,  and  the  provinces  into  municipalities.  Each 
province  has  a  governor,  a  secretary,  a  treasurer  and  a 
supervisor  of  public  buildings,  roads,  bridges  and  ferries. 
The  provincial  officers,  with  the  exception  of  the  governor, 
are  appointed  by  the  commission.  The  municipality  has  a 
mayor  and  a  body  of  municipal  councillors  elected  by  the 
qualified  voters  of  the  municipality.  These  municipal 
councillors  elect  the  governor  of  the  province.  In  respect  to 
local  affairs  government  in  the  Philippines  is  of  the  cen- 
tralized type,  for  the  commission  has  large  control  over 
the  province  and  the  province  has  large  control  over  the 
municipality. 

IV.  Guam  and  Samoa  (Tiituila).  Governmental  power 
in  these  islands  is  vested  in  the  naval  officers  who  happen 
to  be  in  command  of  the  naval  station.  As  a  matter  of  fact 
the  inhabitants  of  the  islands  in  a  large  degree  govern 
themselves.  At  times,  however,  it  is  necessary  for  the  naval 
officer  to  interpose  his  authority,  and  upon  such  occasions 
his  orders  have  the  force  of  laws. 

The  Attitude  of  the  United  States  toward  Dependencies. 
The  extension  of  our  political  influence  into  Porto  Rico 
and  the  Philippines  was  perhaps  an  unavoidable  incident 
in  our  growth  as  a  nation.     Certainly  for  good  or  for  evil 


TERRITORIES  AND  DEPENDENCIES  193 

we  have  made  these  islands  our  wards,  and  our  duty  in 
respect  to  them  ought  to  be  clear:  we  ought  to  administer 
their  affairs,  not  with  a  view  to  our  own  advancement,  but 
with  a  view  to  their  advancement  and  profit.  Such  a  policy 
is  in  accordance  with  the  American  spirit.  The  United 
States  has  always  been  the  possessor  of  large  regions  of 
dependent  territory,  but  it  has  never  oppressed  its  depen- 
dencies, and  has  never  regarded  them  as  fields  to  be  ex- 
ploited for  the  sole  benefit  of  citizens  at  home.  It  has  al- 
ways promoted  the  welfare  of  its  wards  and  accorded  to 
them  as  large  a  measure  of  self-government  as  was  prac- 
ticable. This  has  been  our  policy  in  the  past,  is  our  avowed 
policy  now,  and  will  continue  to  be  our  policy  as  long  as 
we  are  true  to  our  best  political  instincts. 

QUESTIONS  ON  THE  TEXT 

1.  In  what  two  respects  does  a  Territory  differ  from  a  Dependency? 

2.  To  what  extent  has  Congress  power  over  Territories  and  Depen- 
dencies?    How  has  it  used  this  power? 

3.  Name  the  Territories  and  Dependencies  on  the  American  Conti- 
nent. 

4.  Give  an  account  of  the  Indian  reservations  and  national  parks; 
describe  the  government  of  Alaska;  of  the  District  of  Columbia;  of 
the  Panama  Canal  Strip, 

5.  Name  the  Insular  Territories  and  Dependencies. 

6.  Describe  the  government  of  Hawaii;  of  Porto  Eico;  of  the  Philip- 
pine Islands;  of  Guam  and  Samoa. 

7.  Describe  the  attitude  maintained  by  the  United  States  toward  its 
dependencies. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Name  the  Territories  properly  so  called;  name  the  Dependencies. 

2.  Prepare  a  table  showing  the  population  and  area  of  each  of  the 
Territories  and  Dependencies  and  give  the  totals. 

3.  Name  the  Territories  in  the  order  in  which  they  are  likely  to  be 
admitted  as  States. 

4.  Name  the  five  Indian  Tribes  of  Indian  "Territory," 

5.  What  does  the  Constitution  say  about  Indians? 

6.  Why  was  the  capital  of  the  United  States  placed  under  the  exclu- 
sive control  of  Congress? 

7.  Prepare  a  paper  about  the  city  of  Washington,  giving  the  munici- 


194  THE  AMERICAN  GOVERNMENT 

pal  history  of  the  city,  and  describing  its  public  buildings,  its  monu- 
ments, and  its  environs. 

8.  What  measures  are  usually  taken  by  Congress  for  the  admission 
of  a  Territory  into  the  Union?     (See  p.  66.) 

Topics  for  Special  Worlc.— The  TerritoTies:  2,397-402.  The  Trans- 
marine possessions:  2,  402-409.  For  a  full  account  of  our  Territories 
and  Dependencies  see  "Territories  and  Dependencies  of  the  United 
States"  by  W.  P.  Willoughby 


XXVI 

THE  COUNTY 

The  Importance  of  Local  Government.  Most  of  the  every- 
day work  of  government  rests  upon  the  localities, — upon 
cities,  villages,  counties,  townships.  It  requires  about  five 
times  as  much  money  to  support  local  government  as  it 
does  to  support  the  State  government.  This  means  that 
the  former  renders  about  five  times  as  much  service  as  the 
latter.  The  federal  government  and  the  State  government 
are  far  away;  the  local  government  is  at  one's  back  door 
and  front  door.  The  larger  governments  may  act  ineffi- 
ciently or  corruptly  without  immediate  inconvenience  to 
the  citizen,  but  if  the  local  government  neglects  the  roads 
and  streets,  or  manages  the  schools  unwisely,  or  wastes 
money,  the  results  of  its  evil  course  are  felt  at  once.  Be- 
cause it  touches  one  at  so  many  points,  and  is  so  near  to 
one,  local  government  is  a  subject  which  may  rightly 
demand  a  liberal  share  of  our  attention.  We  have  already 
considered  local  government  in  its  broad  aspects,  and  in 
respect  to  its  relations  to  the  higher  State  government. 
We  shall  now  study  the  organization  of  the  several  kinds 
of  local  government  beginning  with  the  county. 

The  County  in  the  South  and  Southwest.  The  county  as 
a  unit  of  local  government  is  the  most  widely  established 
of  American  political  institutions.  Excepting  the  inhabi- 
tants of  the  cities  of  Washington,  St.  Louis  and  Baltimore, 
everybody  in  the  United  States  lives  in  a  county,  for  every 
State  and  Territory  is  divided  into  counties.  Altogether 
there  are  about  three  thousand  counties  in  the  United  States. 
County   government   in  America   had   its   origin   in   the 

195 


196  THE  AMERICAN  GOVERNMENT 

colony  of  Virginia.  Very  early  the  settlers  of  Virginia  felt 
the  necessity  of  some  kind  of  local  government,  and  they 
chose  the  English  shire  or  county  as  the  form  most  suital)le 
to  prevailing  conditions. 

The  Virginia  county  was  suitable  to  the  civilization  of 
the  other  southern  colonies,  and  it  was  adopted  by  them 
as  a  unit  of  local  government.    Later,  when  the  southwest- 
ern regions  were  organized,  they  were  divided  into  counties 
of  the  Virginia  type.     That  type,  of  course,  has  changed 
with  changed  conditions,  and,  since  the  county  is  a  crea- 
tion of  the  State,  the  type  varies  from  State  to  State,  yet 
looking  at  the  subject  broadly  we  may  say  that  the  follow- 
ing  States  have   modeled   their   counties  on   the  Virghaia 
plan:     Maryland,   West  Virginia,   North   Carolina,    South 
Carolina,  Georgia,   Florida,  Alabama,  Mississippi,   Tennes- 
see, Kentucky,  Louisiana,  Arkansas,  Texas,  Colorado,  Ore- 
gon, Oklahoma,  New  Mexico  and  Arizona.     In  these  States 
practically  all  the   services  of  local   government  are  per- 
formed by  the  county,  for,  excepting  the  chartered  munici- 
palities, there  is  no  other  local  government  in  existence.    It 
is  true  that  in  these  States  the  county  is  usually  divided  into 
minor  districts,  into  beats  or  wards  or  election  precuacts,  or 
the  like,  but  these  divisions  are  simply  convenient  areas  for 
voting  or  performing  some  public  service  regulated  and  con- 
trolled by  county  authority.    In  the  States  named  above  the 
county  government,   and  it  alone,   is  the   agency  through 
which  the  people  outside  of  municipalities  manage  their  local 
affairs,  and  in  these  States  local  government  centers  around 
the  county  court-house. 

The  County  of  the  Middle  States  and  the  West.  Beginning 
with  New  York,  New  Jersey  and  Pennsylvania  and  pass- 
ing westward,  keeping  north  of  Mason's  and  Dixon's  line 
(40th  parallel  of  latitude),  in  nearly  all  the  States  there 
have  been  established  within  the  county  inferior  local 
governments  known  as  townships  (p.  210).  These  town- 
ships perform  many  local  services  that  in  the  South  and 


THE  COUNTY  197 

Southwest  are  performed  by  the  county.  The  functions 
of  the  county  government  in  the  IMiddle  States  and  in  the 
West  are  therefore  not  so  numerous  as  they  are  in  the  South 
and  Southwest,  and  the  county  is  not  so  highly  organized. 
Moreover,  in  New  York,  and  in  several  of  the  western 
States  the  governing  body  of  the  county — the  county  board 
of  supervisors — consist  not  of  representatives  of  the  people, 
as  in  most  States,  but  of  representatives  of  the  town- 
ships, a  peculiarity  of  organization  that  will  be  noticed 
more  fully  in  the  chapter  on  townships. 

The  County  in  New  England.  When  we  turn  to  New  Eng- 
land we  find  that  the  county  is  not  a  very  important  factor 
in  the  business  of  local  government.  This  is  because  of 
the  presence  of  the  "town."  This  characteristic  institution 
of  New  England,  as  we  shall  see,  takes  to  itself  nearly  the 
whole  burden  of  local  government  and  leaves  little  for  the 
county  to  do.  The  county  in  New  England  exists  princi- 
pally for  judicial  purposes — in  Rhode  Island  it  exists  for 
no  other  purpose.  Nevertheless,  it  has  a  few  officers  and 
exercises  a  few  powers  similar  to  those  exercised  by  the 
county  in  other  States.  It  has  (except  in  Rhode  Island)  a 
board  of  county  commissioners  which  has  charge  of  the 
county  buildings,  controls  the  erection  of  those  bridges  which 
extend  from  one  town  to  another,  and  manages  other  matters 
of  an  inter-town  nature.  There  are  also  a  county  register  of 
deeds,  a  high  sheriff  of  the  county,  a  county  clerk  of  the 
court  and  a  probate  judge,  but  these  are  really  a  part  of 
the  judicial  outfit. 

The  Organization  of  a  Typical  County  Government.  Al- 
though county  government  differs  as  we  go  from  State  to 
State  there  is  nevertheless  a  certain  uniformity  in  the 
organization  of  counties  throughout  the  Union.  The  official 
outfit  of  a  typical  county  is  as  follows :  ^ 

'  In  no  State  has  the  county  all  these  officers,  yet  every  officer 
mentioned  in  the  list  is  a  typical  county  official. 


198  THE  AMERICAN  GOVERNMENT 

I.  The  Board  of  County  Commissioners  or  Supervisors?- 
This  is  the  governing  body  of  the  county.  It  consists 
usually  of  three  or  more  members  who  serve  for  a  term 
varying  from  one  to  six  years.  It  holds  its  sessions  at 
the  county-seat,  where  all  the  county  officials  have  offices. 
Like  most  of  the  other  county  officers  the  commissioners 
are  elected  by  the  people.  The  county  commissioners  usu- 
ally do  the  following  things : 

(1)  They  fix  the  rate  of  taxation  for  the  county. 

(2)  They  appoint  tax  assessors,  tax  collectors,  road  su- 
pervisors, and  other  subordinate  officials. 

(3)  They  make  contracts  for  repairing  old  roads  and 
opening  new  ones,  and  also  for  building  and  repairing 
bridges. 

(4)  They  make  contracts  for  building  and  repairing 
public  buildings,  such  as  court-houses,  jails  and  alms- 
houses. 

(5)  They  appropriate  money  for  the  support  of  schools, 
for  the  support  of  the  poor,  for  the  payment  of  the  salaries 
of  county  officers,  for  the  maintenance  of  the  roads,  and 
for  all  necessary  expenses  of  county  government. 

(6)  They  represent  the  county  when  it  is  sued  for  dam- 
ages. (All  local  governments  are  corporations  in  some  re- 
spect and  can  be  brought  into  court  to  defend  a  suit  as 
if  they  were  persons.) 

II.  The  Sheriff.  In  England,  anciently,  the  sheriff  was 
the  most  powerful  officer  in  the  county.  In  modern  times, 
however,  his  power  is  not  so  great  either  in  England  or 
in  this  country.  Nevertheless,  he  is  still  an  important 
officer.  He  has  been  called  the  "arm  of  the  judge."  If 
the  judge  orders  a  man  to  be  taken  to  prison,  or  orders 
property  to  be  sold,  or  sentences  a  man  to  be  hanged,  the 
sheriff  executes  the  command.  It  is  his  duty  also  to  pre- 
serve peace  and  order,  and  when  necessary  he  may  call 
to  his  aid  deputies.     In  times  of  great  danger  or  disturb- 

*  Still  called  the  county  court  in  some  of  the  Southern  States; 
in  several  States  it  is  called  the  levy  court. 


THE  COUNTY  199 

ance  he  may  call  to  his  aid  the  posse  comitatus,  which  in- 
cludes every  able-bodied  man  in  the  county  (p.  253).  The 
sheriff  usually  lives  at  the  county-seat  and  has  charge  of 
the  county  jail  and  its  prisoners. 

III.  The  Clerk  of  the  Circuit,  or  District  Court.  Any 
court  above  a  police  court,  or  above  that  of  a  justice  of 
the  peace,  is  a  "court  of  record";  that  is,  its  proceedings 
are  enrolled  in  permanent  form.  In  every  county  there 
is  a  court  of  record,  and  the  keeper  of  its  records  is  the 
clerk  of  the  court,  or  prothonotary.  This  officer  often  keeps 
a  record  of  deeds  and  mortgages  given  in  the  county,  issues 
marriage  certificates,  and  records  all  births  and  deaths. 

IV.  The  Probate  Court — the  Orphans'  Court.  It  is  the 
business  of  this  court  to  examine  the  wills  of  deceased  per- 
sons and  decide  whether  they  have  been  made  as  wills 
by  law  ought  to  be  made.  When  a  person  dies  without 
having  made  a  will,  and  leaves  no  one  to  take  charge  of 
his  estate,  the  probate  court  will  appoint  an  administrator 
to  take  charge  of  it.  When  a  child  is  left  without  father 
or  mother,  the  probate  court  will  appoint  a  guardian,  who 
will  manage  the  estate  until  the  child  comes  of  age.  In 
general,  the  business  of  the  probate  court  is  to  see  that  the 
property  of  the  dead  falls  into  rightful  hands.  In  some 
States  the  probate  court  is  called  the  orphans'  court.  In 
New  York  it  is  called  the  surrogate's  court. 

V.  The  Recorder  keeps  a  record  of  mortgages,  deeds  and 
leases. 

VI.  Tax  Collectors  and  Assessors  (p.  282). 

VII.  The  County  Treasurer  pays  out  as  well  as  receives 
all  money  raised  by  taxation. 

VIII.  The  Auditor.  Sometimes  the  county  elects  an 
auditor,  whose  duty  it  is  to  examine  the  books  of  the 
treasurer  and  other  officers  and  report  whether  the  public 
accounts  are  properly  and  honestly  kept.  In  some  States 
he  has  a  check  upon  payments  from  the  county  treasury. 

IX.  The  Coroner.  When  a  person  is  murdered,  or  is 
found  dead,  or  dies  mysteriously,  this  officer  takes  charge 


200  THE  AMERICAN  GOVERNMENT 

of  the  corpse  and  inquires  at  once  into  the  cause  of  the 
death.  If  he  thinks  there  has  been  foul  play,  he  summons 
six  or  twelve  men  to  act  as  a  jury  and  holds  a  ''coro- 
ner's inquest."  Witnesses  are  summoned,  and  the  jury, 
after  having  evidence,  states  the  probable  cause  of  the 
death. 

X.  The  State's  Attorney  is  a  lawyer  whose  duty  is  to 
give  legal  advice  to  county  officers,  and  to  appear  in  court 
at  the  trial  of  one  who  is  charged  with  crime  and  present 
the  side  of  the  State.  This  officer  is  sometimes  called  a 
district  attorney  or  prosecuting  attorney;  sometimes  he 
is  called  the  solicitor. 

XI.  The  School  Board  has  the  general  management  of 
the  schools  of  the  county.  It  regulates  in  whole  or  in 
part  the  salaries  of  teachers;  it  grants  certificates  to  those 
who  are  competent  to  teach;  it  sometimes  makes  out  the 
course  of  study  that  pupils  are  to  pursue;  it  provides 
for  the  health  and  comfort  of  teachers  and  pupils. 

XII.  The  Superintendent  of  Schools  is  the  executive 
officer  of  the  school  board.  He  sets  the  examinations  for 
teachers,  visits  the  different  schools  of  the  county,  and 
reports  their  work  to  the  school  board;  he  grades  the  work 
of  the  schools  and  devotes  his  time  to  improving  them  in 
every  way  he  can  (p.  354). 

XIII.  The  Overseers  of  the  Poor  attend  to  the  needs  of 
paupers  and  other  unfortunates  (p.  386). 

XIV.  The  Surveyor  makes  surveys  of  land  when  the 
county  has  need  of  such. 

The  Citizen  and  His  County.  Practically  every  American 
citizen  is  directly  and  closely  interested  in  the  adminis- 
tration of  the  affairs  of  some  county,  but  citizens  are  by 
no  means  everywhere  as  watchful  of  their  county  govern- 
ment as  they  ought  to  be.  They  allow  the  management 
of  county  affairs  to  fall  into  the  hands  of  a  "court-house 
ring,"  and  this  too  often  means  mismanagement  and  cor- 
ruption.    Where  the  county  government  is  bad  roads  are 


THE  COUNTY  201 

bad,  bridges  are  unsafe,  schools  are  inefficient,  crime  is  un- 
punished and  taxes  are  high. 

County  affairs  are  often  neglected  because  they  are  re- 
garded as  too  commonplace  for  serious  attention.  The  citi- 
zen in  his  interest  in  the  greater  affairs  of  the  State  and 
nation  overlooks  the  small  politics  of  the  locality.  Such 
oversight  is  one  of  the  most  dangerous  errors  of  citizen- 
ship. The  county  is  one  of  the  political  units  which  go 
to  make  up  the  State,  just  as  the  State  is  one  of  the  units 
of  which  the  nation  is  composed.  Keep  the  government 
of  all  the  counties  pure  and  good  and  good  government  in 
State  and  nation  will  almost  certainly  follow. 

QUESTIONS  ON  THE  TEXT 

1.  Why  is  local  government  so  important? 

2.  Give  an  account  of  county  government  in  colonial  times. 

3.  In  what  States  does  the  county  perform  most  of  the  services  of 
government? 

4.  How  does  the  county  of  the  Middle  and  Western  States  differ 
from  the  southern  county? 

5.  Describe  the  New  England  county. 

6.  Name  the  duties  of  the  county  commissioners. 

7.  Name  the  typical  county  officers  and  name  the  duties  of  each. 

8.  Why  is  the  county  government  of  great  importance? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  What  are  the  provisions  in  the  constitution  of  this  State  relating 
to  the  government  of  counties?  Do  these  provisions  restrict  the  power 
of  the  legislature  in  reference  to  counties,  or  do  they  leave  that  body 
free  to  govern  counties  pretty  much  as  it  pleases?  Can  the  legislature 
of  this  State  pass  special  laws  as  to  counties? 

2.  How  many  counties  in  this  State?  Are  their  boundaries  artificial 
or  natural?     Have  their  names  any  historical  significance? 

3.  Bound  the  county  in  which  you  live  and  give  its  area  and  popu- 
lation. What  is  the  distance  of  the  county-seat  from  the  most  remote 
point  in  the  county?     In  what  year  was  this  county  organized? 

4.  Prepare  a  list  of  the  county  officers  of  this  State  and  compare 
it  with  the  list  given  in  the  text.  (In  those  States  in  wliich  county  is 
the  predominant  type  of  local  government  the  two  lists  will  probably 
resemble  each  other  closely;  in  other  States  there  may  be  a  consider- 
able difference  between  them.) 

5.  State  the  powers  of  the  county  board  of  commissioners  in  this 
State.     Is  the  board  a  legislative  or  an  executive  body? 


202  THE  AMERICAN  GOVERNMENT 

6.  What  are  the  constitutional  provisions  relating  to  the  term  of  the 
several  county  officials,  the  manner  of  their  election  or  appointment, 
and  their  salaries? 

7.  Are  the  representatives  in  the  legislature  of  this  State  appor- 
tioned by  counties?  If  so,  state  the  rule  by  which  they  are  apportioned. 
Is  the  rule  agreeable  to  the  principle,  ' '  so  many  people,  so  many  repre- 
sentatives?" 

8.  Is  this  county  well  governed?     State  particulars. 

9.  Of  the  functions  of  local  government  mentioned  on  p.  72  name 
those  that  are  not  exercised  by  county  officials  in  this  State. 

10.  What  is  the  name  of  the  smaller  political  divisions  into  which 
counties  in  this  State  are  divided? 

11.  Home  Bule  for  Counties. — In  California  each  county  is  given 
the  right  to  adopt  a  charter  for  its  own  government,  just  as  in  many 
States  cities  enjoy  a  similar  right.  What  do  you  think  of  the  prin- 
ciple of  home  rule  for  counties? 

12.  In  Los  Angeles  County,  California,  there  is  an  officer  known  as 
the  public  defender,  whose  duty  is  to  defend  in  the  courts  all  persons 
financially  unable  to  employ  an  attorney  and  who  are  charged  with 
crime.  Should  every  county  have  a  public  defender  as  one  of  its 
officers? 

Topics  for  Special  Worlc. — General  Characteristics  of  County  Govern- 
ment: 18,  57-74.  The  County  Board:  18,  75-94.  The  Sheriff:  18, 
106-112.     County  Districts  in  the  South  and  West:    18,  186-199. 


I 


XXVII 
THE  TOWN 

The  Origin  and  Character  of  the  Early  New  England  Town. 

At  the  time  when  the  planters  of  Virginia  were  organizing 
newly  settled  communities  into  counties,  the  colonists  of 
New  England  were  developing  a  system  of  local  govern- 
ment that  differed  widely  in  form  and  spirit  from  the 
southern  type.  The  English  shire  that  served  for  the 
model  for  the  Virginia  county  did  not  suit  the  conditions 
of  the  earliest  Puritan  settlements.  The  tillable  land  of 
the  New  England  country  was  divided  by  nature  into  small 
areas  marked  off  by  bold  hills  and  troublesome  streams; 
the  settlements  were  constantly  harassed  by  Indians;  the 
settlers  themselves  were  bound  together  by  personal  as 
well  as  social  and  religious  experiences.  These  circum- 
stances led  the  Puritans  to  build  their  houses  as  close  to- 
gether as  possible  and  to  settle  in  compact  villages  rather 
than  to  spread  out  on  large  plantations. 

The  form  of  government  adopted  for  these  thickly  settled 
communities  was  one  that  had  almost  perished  from  the 
earth.  The  old  town-  (tun)  or  village-meeting  (p.  17)  that 
the  Anglo-Saxons  had  brought  with  them  to  England  a 
thousand  years  before  and  that  had  been  so  changed  by 
the  influences  of  feudalism  that  it  was  no  longer  recog- 
nizable, was  revived,  unconsciously  perhaps,  in  its  ancient 
form  and  vigor,  and  the  town  instead  of  the  county  was 
established. 

The  early  New  England  town  was  a  pure  democrac}^,  in 
which  all  the  male  adult  inhabitants  who  attended  church 
— and  everybody  was  required  by  law  to  attend  church — 

203 


204  THE  AMERICAN  GOVERNMENT 

participated  in  tlie  management  of  public  affairs — a  strong 
contrast  to  the  Virginia  county,  which  was  for  a  long  time 
a  close  corporation/  and  was  practically  an  aristocracy 
of  large  land-holders. 

The  deep  religious  nature  of  the  Puritans  affected  their 
civil  institutions,  and  for  a  long  time  their  religion  and 
politics  were  completely  blended.  Political  life  in  Vir- 
ginia centered  around  the  county  court-house;  in  New 
England  it  centered  around  the  church  or  meeting-house, 
which  was  situated  in  the  center  of  the  town.  A  glance 
at  the  proceedings  of  one  of  the  early  town-meetings  will 
illustrate  how  intimately  civil  and  religious  matters  were 
mingled.  Thus  the  people  of  Dorchester,  Massachusetts, 
in  town-meeting  assembled,  in  1666  voted  that  the  "men's 
seats  in  the  body  of  the  meeting-house  be  enlarged  to  the 
women's  seats,  and  that  the  space  between  Judge  Jami- 
son's heirs  and  Lieut.  Steam's  pew  be  divided  and  added 
to  their  pews,  they  consenting,  and  that  the  doors  to  their 
pews  be  made  to  come  out  into  the  hind  alley,  and  that 
men  and  women  be  placed  in  each  of  these  pews  by  the 
committee  for  seating  the  meeting-house."  In  these  days 
this  would  seem  to  be  strange  business  for  government  to  be 
engaged  in,  but  we  must  remember  that  church  and  state 
were  as  yet  united  in  all  parts  of  the  world,  although 
Rhode  Island,  under  the  leadership  of  Roger  Williams,  was 
making  efforts  about  this  time  to  separate  them. 

The  town  was  chosen  as  an  agency  for  local  govern- 
ment throughout  all  New  England,  and  under  its  stimulat- 
ing and  healthful  influence  there  was  developed  a  citizen- 
ship that  has  received  the  admiration  of  the  world.  The 
religious  features  of  the  town  organization  and  control 
have  disappeared ;  church  membership  is  no  longer  a  quali- 
fication for  voting;  citizens  are  no  longer  compelled  to 
attend  divine  worship ;  the  church  and  the  minister  are  no 

*A  close  corporation  is  one  in  which  vacancies  are  filled  by  the  votes 
of  the  members  of  the  corporation. 


THE  TOWN  205 

longer  supported  by  the  public  money.  Excepting  the  fact 
that  it  is  no  longer  concerned  with  matters  of  religion  the 
New  England  town  of  to-day  remains  what  it  was  in  the 
early  days. 

The  Town-meeting.  The  central  fact  of  local  government 
in  New  England  is  the  town-meeting,  the  old  village  moot 
or  tungemot  of  the  Teutons.  Once  a  year  all  the  qualified 
voters  of  the  town  meet  together  to  discuss  measures  re- 
lating to  town  affairs,  and  to  take  action  thereon.  The  meet- 
ing is  no  longer  held  in  church,  but  in  the  town-house,  or 
town-hall.  When  the  people  have  assembled,  the  town 
clerk  calls  them  to  order,  and  states  the  purpose  for  which 
the  meeting  is  called.  A  moderator  is  then  chosen  to 
preside  over  the  meeting,  and  business  proceeds  according 
to  parliamentary  rules.  In  a  town-meeting  we  see  democ- 
racy in  its  purest  form.  Instead  of  sending  men  to  con- 
duet  affairs  for  them,  as  in  a  representative  government, 
the  people  are  there  in  person.  Young  and  old,  rich  and 
poor,  take  part  in  the  proceedings,  and  any  citizen  present 
may  exert  the  full  force  of  his  character  and  influence. 
Every  measure  that  is  brought  before  the  meeting  is  dis- 
cussed and  criticized.  Those  in  favor  of  the  measure  state 
their  argument  for  it;  those  opposed  to  it  state  their  ob- 
jections. When  the  discussion  is  at  an  end  a  vote  is  taken, 
and  whatever  the  results  may  be,  all  present  feel  that  the 
will  of  the  people  has  been  expressed.  Thus  the  town-meet- 
ing settles  all  matters  relating  to  the  public  affairs  of  the 
town.     The  most  important  things  done  are  these: 

(1)  The  rate  of  taxation  is  fixed.  ]\Ioney  is  appropriated 
for  the  schools,  for  the  care  of  the  roads,  for  the  support 
of  the  poor,  for  the  salaries  of  officers,  and  for  other  neces- 
sary expenses. 

(2)  By-laws  are  passed  for  the  regulation  of  local  mat- 
ters. The  word  hy  originally  meant  town;  hence  a  by-law 
is  a  town  law.     A  law  passed  in  town-meeting  forbidding 


206  THE  AMERICAN  GOVERNMENT 

the  use  of  the  sidewalks  of  the  town  for  bicycling  is  an 
example  of  a  by-law. 

(3)  Town  officers  are  elected.  It  would  be  impossible 
for  all  the  people  of  a  town  to  meet  together  every  day  for 
the  transaction  of  public  business.  For  this  reason,  at  the 
annual  town-meeting,  officers  are  elected  to  manage  the  af- 
fairs of  the  town  in  the  name  of  the  people  for  one  year. 

Town  Officers: 

(1)  The  Selectmen.  The  general  management  of  town 
affairs  during  the  year  is  placed  in  the  hands  of  three 
or  five  or  seven  or  nine  citizens,  called  selectmen.  These 
officers  carry  into  effect  the  measures  passed  at  the  town- 
meeting.  They  supervise  the  laying  out  of  roads;  they 
grant  licenses;  they  care  for  the  poor;  they  take  measures 
to  abate  nuisances,  check  the  advance  of  contagious  dis- 
ease, and  otherwise  preserve  the  health  of  the  town;  they 
listen  to  complaints  against  the  management  of  town  af- 
fairs; they  represent  the  town  in  court  when  it  is  sued; 
they  make  out  the  warrant  when  a  special  town-meeting 
is  to  be  called.  The  town-meeting  is  the  legislature  of 
the  town,  and  the  selectmen  are  its  chief  executive  officers, 

(2)  The  Town  Clerk.  This  officer  has  numerous  duties. 
We  have  seen  that  it  is  he  who  calls  the  town-meeting  to 
order.  He  must  always  be  present  at  a  town-meeting,  and 
keep  a  record  of  the  proceedings.  In  addition  to  this  he 
keeps  a  record  of  the  births,  marriages  and  deaths  in  the 
town,  and  grants  certificates  to  those  wishing  to  marry. 
In  fact,  most  matters  of  town  record  are  in  his  keeping, 
including  sometimes  the  recording  of  deeds  and  convey- 
ances. 

(3)  Assessors  (p.  282). 

(4)  Tax  Collectors  (p.  284), 

(5)  A  Town  Treasurer. 

(6)  Overseers  of  the  Poor.  These  officers  have  charge 
of  the  town  almshouse  and  give  relief  to  the  deserving 
poor. 


THE  TOWN  207 

(7)  The  School  Committee,^  or  Board  of  Education. 
(p.  354). 

(8)  Constables.  These  are  peace  officers,  and  every  town 
has  one  or  more  of  them.  They  arrest  for  crime,  and  assist 
the  selectmen  in  executing  the  law.  In  some  towns  the 
constable  serves  as  tax  collector. 

(9)  Surveyors  of  Highivays.  These  officers  inspect  roads 
and  bridges,  and  are  responsible  for  keeping  them  in  repair. 

(10)  Fence  Viewers.  These  officers  settle  disputes  that 
may  arise  between  neighbors  about  partition  fences  or 
walls. 

(11)  Field  Drivers.  When  cows  or  horses  or  other  ani- 
mals are  found  wandering  about  the  town  the  field  driver 
puts  them  into  a  pound,  and  keeps  them  until  their  right- 
ful owner  is  found. 

This  list  of  officers  is  not  complete ;  yet  it  is  long  enough 
to  show  that  a  great  many  people  take  part  in  the  gov- 
ernment of  a  town.  It  is  quite  possible  that  there  are  towns 
in  which  there  is  not  one  intelligent  citizen  of  advanced 
years  who  has  not  at  some  time  in  his  life  held  public 
office.  It  is  this  general  participation  in  the  business  of 
government  that  makes  the  people  of  New  England  such 
a  wide-awake  and  progressive  body  of  citizens. 

The  Town  as  a  Factor  in  the  Civic  Life  in  New  England. 

It  is  difficult  for  one  not  residing  in  New  England  to  under- 
stand how  powerfully  its  system  of  local  government  in- 
fluences its  civic  life.  Every  voter  of  a  town  is  a  law- 
maker, and  almost  every  one  either  has  been,  is,  or  very 
reasonably  expects  to  be,  a  town  officer  of  some  kind. 
This  direct  contact  with  government  keeps  public  spirit 
keyed  up  to  a  high  pitch.  If  the  town  affairs  during  the 
year  are  managed  unwisely  or  corruptly  there  is  sure 
to   be    a    speedy    exposure    in    town-meeting    by    merciless 

^  In  many  towns  a  school  committee  manages  the  schools  of  a  district, 
which  forms  only  a  part  of  the  town.  When  this  is  the  case  school 
affairs  are  separated  from  town  affairs. 


208  THE  AMERICAN  GOVERNMENT 

critics.  If  improvements  are  needed,  or  if  the  town  lags 
behind  its  neighbors  in  progressiveness  the  discussions 
in  the  folkmoot  are  sure  to  be  directed  towards  a  remedy, 
and  when  a  remedy  is  found  it  usually  proves  to  be  wise 
and  effective.  The  keen,  vigilant  citizenship  fostered  by 
these  little  New  England  democracies  awakened  the  ad- 
miration of  Thomas  Jefferson  and  led  him  to  pronounce 
them  to  be  the  "wisest  invention  ever  devised  by  the  wit 
of  men  for  the  perfect  exercise  of  self-government  and  for 
its  preservation." 

Town  Government  outside  of  New  England.  In  those 
Western  States  which  were  settled  largely  by  emigrants 
from  New  England  local  government  is  modeled  to  some 
degree  on  the  plan  of  the  New  England  town.  This  is  es- 
pecially true  of  Michigan,  Illinois,  Wisconsin,  Minnesota, 
North  Dakota,  South  Dakota  and  Nebraska.  In  Michigan 
the  voters  of  the  townships,  after  electing  the  local  officers, 
assemble  in  town-meeting  and  after  voting  the  taxes  for 
township  purposes  make  regulations  concerning  such  mat- 
ters as  the  licensing  of  dogs,  the  vaccination  of  children, 
the  purchase  of  books  for  the  library.  In  certain  parts 
of  Illinois  also  the  voters  hold  a  town-meeting  after  the  elec- 
tion of  officers  has  been  held. 

The  town-meetings  of  the  Western  States  may  resem- 
ble the  New  England  town-meeting  in  form,  but  they  lack 
the  spirit  of  the  original  type.  It  is  doubtful  whether  an 
institution  like  the  New  England  town  can  be  successfully 
transplanted.  Certainly  the  efforts  that  have  been  made 
to  establish  local  governments  in  the  West  after  the  New 
England  pattern  have  not  been  attended  with  marked  suc- 
cess. Local  government  in  the  West  has  been  strongly  in- 
fluenced by  New  England  ideas,  but  town  government  in 
its  pure  form  has  never  flourished  outside  of  New  England. 


THE  TOWN  209 


QUESTIONS  ON  THE  TEXT 

1.  What  circumstances  led  the  Puritan  settlers  to  choose  a  form  of 
local  government  different  from  that  chosen  by  the  Virginians? 

2.  Describe  the  early  New  England  town. 

3.  Illustrate  how  the  affairs  of  church  and  state  were  blended  in  the 
early  days  of  New  England  history. 

4.  Describe  a  New  England  town-meeting. 

5.  What  are  the  powers  of  a  New  England  town? 

6.  Name  the  officers  of  the  New  England  town  and  state  their 
duties. 

7.  What  influence  does  town  government  have  upon  civic  life  in  New 
England? 

8.  To  what  extent  has  town  government  of  the  New  England  type 
been  adopted  in  other  States? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

(for   students   in  new  ENGLAND) 

1.  Examine  the  constitution  of  your  State  for  provisions  respecting 
the  government  of  towns  and  state  these  provisions. 

2.  Of  the  services  of  local  government  mentioned  on  page  72,  which 
are  performed  by  your  town  government? 

3.  Bound  the  town  in  which  you  live  and  tell  when  it  was  orga- 
nized. Name  all  the  towns  in  the  county  in  which  you  live.  Have 
these  names  historical  interest?  Name  the  boroughs  or  cities,  if  any, 
located  within  the  borders  of  your  town. 

4.  Make  out  a  list  of  the  officers  of  your  town.  Which  one  of  these 
plays  a  most  important  part  in  town  government?  (Elect  a  committee 
to  wait  upon  some  town  officer  and  invite  him  to  give  the  class  a  talk 
upon  town  government.) 

5.  How  may  a  special  town  meeting  be  called? 

6.  What  influences  are  at  work  to  make  town  government  a  less 
important  feature  of  New  England  life  than  it  has  been  in  the  past? 

7.  How  many  representatives  has  your  town  in  the  legislature?  Has 
this  apportionment  been  made  according  to  the  population  of  the 
town? 

8.  Is  the  town  meeting  a  legislative  or  an  executive  body? 

9.  Are  women  and  children  represented  in  town  government? 

10.  In  what  matters  does  the  government  of  your  town  excel?  In 
what  respect  is  your  town  excelled  by  its  neighbors? 

11.  How  many  towns  in  this  State?  What  is  the  population  of  the 
largest  town?  of  the  smallest  town?  Is  the  largest  too  large  for  a 
pure  democracy?    Is  the  smallest  too  small  for  self-government? 

Topics  for  Special  WorTi. — New  England  Towns:  18,  141-146.  The 
Town  Meeting:    18,  147-163. 


XXVIII 

THE    TOWNSHIP 

The  County-township  System.  We  have  learned  that  in 
the  Middle  States  and  in  most  of  the  States  in  the  West 
the  county  shares  the  business  of  local  government  with 
a  minor  civil  division  known  as  the  township.^  The  pres- 
ence of  townships  in  the  county  results  in  a  compromise 
system  of  local  government  often  called  the  county-town- 
ship system.  Under  this  system  the  county  government 
attends  to  those  affairs  which  interest  the  whole  body  of 
the  people  of  the  county,  while  the  towTiship  administers  the 
affairs  of  a  small  area.  The  township,  like  the  New  Eng- 
land town,  provides  a  government  for  a  neighborhood. 

The  Two  Types  of  the  County-township  System.  County- 
township  government  has  had  two  sources,  and  has.  devel- 
oped into  two  distinct  types — the  New  York  type  and  the 
Pennsylvania  type.  In  New  York,  as  in  New  England, 
small  self-governing  communities  known  as  towns  (town- 
ships) appeared  at  a  very  early  date  in  the  history  of  the 
colony.  These  towns  had  their  town-meetings  and  elected 
a  full  set  of  officers,  but  their  powers  were  at  no  time 
so  great  as  those  of  the  New  England  town.  In  1703  the 
colonial  assembly  of  New  York  passed  a  law  that  has  had 
far-reaching  influence  upon  local  government  in  the  United 
States.  This  law  provided  for  the  annual  election  by  each 
township  of  an  officer  to  be  known  as  the  supervisor  of 

*In  Delaware,  townships  are  called  hundreds,  a  name  that  has  come 
down  from  the  Anglo-Saxon  period  of  English  history. 

210 


I 


THE  TOWNSHIP  211 

the  township,  and  further  provided  that  the  supervisors 
of  the  several  townships  should  meet  at  the  county-seat 
as  a  Board  of  County  Supervisors  (p.  197).  Here  was 
a  reproduction  of  the  old  hundred-village  system  of  early 
England,  when  the  representatives  of  the  village  met  in 
shire  moot  (p.  18).  Following  this  law  of  1703,  there  have 
been  evolved  in  New  York  strongly  democratic  local  gov- 
ernments of  small  area,  conveniently  classed  as  townships, 
and  along  with  these  a  strong  county  government,  whose 
chief  administrative  body — the  Board  of  County  Super- 
visors— consists  of  representatives  of  townships.  Villages 
and  the  wards  of  cities  are  also  represented  on  the  board  of 
county  supervisors.  This  type  of  the  county-township  sys- 
tem, known  as  the  supervisor  plan,  has  served  as  the  pat- 
tern for  local  government  in  those  new  States  that  were 
settled  largely  by  emigrants  from  New  York,  This  is  true 
of  Michigan,  Illinois  and  Wisconsin. 

In  the  early  days  of  Pennsylvania  the  prevailing  form  of 
local  government  was  the  county  organized  on  the  Virginia 
plan.  Gradually  the  officers  of  the  county  came  to  be 
elected  by  the  people,  and  when  the  township  made  its 
appearance  the  county  was  too  strong  to  suffer  encroach- 
ments upon  its  organization.  It  retained  its  board  of 
county  commissioners  elected  by  the  people  of  the  county. 
Thus  the  townships  in  Pennsylvania  were  not  allowed  to 
conduct  the  business  of  the  county  through  their  repre- 
sentatives, as  in  New  York.  Moreover,  the  people  of  the 
townships  in  Pennsylvania  did  not  hold  their  annual  town- 
meetings  and  participate  directly  in  the  management  of 
their  local  affairs,  as  in  New  York;  they  elected  their  local 
officers  annually,  and  with  the  act  of  election  their  power 
was  at  an  end.  In  other  words,  the  township  in  Pennsyl- 
vania was  a  representative  government. 

The  county-township  system  of  Pennsylvania  naturally 
spread  to  Ohio,  and  thence  to  Indiana.  Later  it  was 
adopted  by  Iowa,  Kansas,  ]\Iissouri,  Nebraska,  North  Da- 
kota, South  Dakota,  and  Oklahoma. 


212  THE  AMERICAN  GOVERNMENT 

Local  government  in  Illinois  has  had  an  instructive 
experience.  When  this  State  was  admitted  into  the 
Union  its  people  were  largely  of  Southern  origin  and, 
consequently,  local  government  of  the  pure  county 
type  was  established.  As  time  went  on,  the  northern 
part  of  the  State  filled  up  with  people  from  the  North. 
These  desired  the  county-township  plan,  and  in  1848 
the  new  constitution  gave  the  people  of  the  county 
the  right  to  determine  whether  they  wished  townships 
or  not.  Taking  advantage  of  this  right,  more  than 
five  sixths  of  the  counties  of  Illinois  have  decided 
for  townships,  and  are  now  under  the  county-township 
system. 

Michigan  furnishes  another  excellent  illustration  of  how 
the  character  and  habits  of  the  people  influence  the  form 
of  government.  In  Michigan,  at  first,  the  county-township 
system  of  the  Pennsylvania  kind  was  established,  but  as 
emigrants  from  New  York  and  New  England  moved  into 
the  State  and  changed  the  character  of  the  population,  the 
people  became  more  and  more  dissatisfied  with  their  local 
government,  and  finally  changed  it  to  the  supervisor  or 
New  York  plan.  Such  experiences  teach  that  local  gov- 
ernment must  above  all  things  be  acceptable  to  the  people 
who  are  immediately  affected  by  it  and  who  must  person- 
ally conduct  it. 

The  Powers  of  the  Township.  Why  have  so  many  States 
found  it  desirable  to  erect  within  the  county  another  fully 
organized  government?  Because  the  township  has  been 
found  to  be  an  institution  of  great  convenience.  For  a 
sparsely  settled  society  the  county  is,  perhaps,  the  only 
practicable  form  of  government;  but  as  population  in- 
creases the  needs  of  the  neighborhood  multiply,  and  many 
of  these  needs  are  such  as  can  be  attended  to  by  the  peo- 
ple directly  interested  if  they  only  have  the  power  granted 
to  them.  It  is  not  necessary  to  travel  twenty  miles  to 
the  county-seat  to  see  an  officer  about  the  repair  of  a  wash- 


THE  TOWNSHIP  213 

out  in  a  road,  or  about  the  purchase  of  a  stove  for  a 
school-house,  when  we  can  have  a  government  near  at  hand 
to  attend  to  such  things.  The  township  has  been  intro- 
duced as  an  agency  by  which  the  needs  of  the  immediate 
locality  may  be  attended  to. 

Especially  has  the  public  scJiool  been  a  factor  in  the 
development  of  the  township  system.  Local  government 
in  the  South  developed  around  a  court-house,  and  in  New 
England  around  a  church ;  in  the  Middle  States  and  in  the 
West  it  developed  around  a  school-house.  Then,  too,  the 
care  of  the  roads,  and  the  support  of  the  poor  are  services 
that  may  most  conveniently  be  rendered  by  the  government 
of  the  neighborhood. 

The  powers  of  the  township  vary  slightly  in  the  differ- 
ent States,  but  as  a  rule  where  the  county-township  system 
prevails  the  township  (1)  supports  the  public  schools, 
(2)  cares  for  the  roads  and  (3)  helps  the  poor,  leaving 
other  matters  of  local  government  to  the  county.  The 
taxes  necessary  for  doing  these  things  are  levied  by  town- 
ship authority. 

The  Organization  of  the  Township.  The  names  of  the 
officers  of  the  township  are  not  the  same  in  all  the  States, 
but  its  organization  is  practically  the  same  and  may  be  in- 
dicated as  follows: 

1.  The  Supervisors  (sometimes  called  Trustees)  resem- 
ble the  selectmen  of  the  New  England  town,  only  their 
powers  are  not  so  great.  Their  duty  is  to  take  care  of  the 
roads  and  bridges,  erect  and  keep  in  repair  guide-posts 
and  watering-troughs,  and  plant  shade  trees  along  the 
roadside.  They  may  build  and  keep  in  repair  a  town  house, 
in  which  elections  may  be  held  and  officers  of  the  town 
may  transact  the  public  business. 

2.  School  Directors  or  School  Trustees  have  control  of 
the  public  schools  within  the  township.  In  some  States 
the  directors  of  all  the  townships  in  a  county  meet  every 
second  or  third  year  and  elect  a  superintendent  of  schools 


214  THE  AMERICAN  GOVERNMENT 

for  the  county;  in  other  States  the  township  supervisor  or 
trustees  are  also  the  school  directors. 

3.  The  Township  Clerk  keeps  the  records  and  accounts 
of  the  township. 

4.  The  Assessors. 

5.  The  Tax  Collector. 

6.  The  Auditors.  These  officers  examine  the  accounts 
of  the  township  to  see  that  all  money  has  been  properly 
and  honestly  expended. 

7.  The  Justice  of  the  Peace. 

8.  The  Constable. 

9.  Overseers  of  the  Poor. 

10.  Election  Officers  (p.  345). 

The  Township  a  School  for  Good  Citizenship.  When  we 
consider  that  in  some  of  the  States  there  are  as  many  as 
fifteen  hundred  townships  officered  perhaps  by  fifteen  thou- 
sand citizens  we  can  see  how  great  is  the  influence  of  the 
little  local  governments  upon  the  civic  life  of  the  State. 
Like  the  New  England  town,  the  township  is  the  training- 
school  where  citizens  learn  the  principles  of  civil  liberty 
and  the  art  of  self-government.  Thus  while  it  might  be 
possible  to  dispense  with  the  township  yet  to  do  so  would 
be  to  incur  a  heavy  political  loss.  There  is  no  likelihood, 
however,  that  this  valuable  institution  will  decay.  The 
township  is  making  its  way  into  many  States  that  have 
heretofore  adhered  to  the  pure  county  system.  As  the  rural 
population  in  a  State  becomes  denser  the  necessity  of  a 
government  of  smaller  area  than  the  county  will  always 
be  keenly  felt,  and  sooner  or  later  such  a  government  will 
be  established.  Among  the  various  types  that  may  be  se- 
lected the  township  bids  fair  to  remain  the  favorite.  A 
high  authority  says :  ' '  The  Western  method  of  local  govern- 
ment (the  county-township  system)  for  simplicity,  sym- 
metry, flexibility  and  administrative  efficiency  is  superior 
to  any  other  system  which  the  Teuton  mind  has  yet  pro- 
duced."    ( Howard. ) 


THE  TOWNSHIP  215 


QUESTIONS  ON  THE  TEXT 

1.  What  is  meant  by  the  county-township  system? 

2.  Name  the  two  types  of  the  county-township  system  and  describe 
each. 

3.  Name  the  States  that  have  the  New  York  type  of  the  county- 
township  system;  the  States  that  have  the  Pennsylvania  type. 

4.  Give  an  account  of  the  development  of  local  government  in  Illi- 
nois; in  Michigan. 

5.  What  are  the  usual  functions  of  the  township? 

6.  Name  the  typical  township  officers  and  state  the  duties  of  each. 

7.  Describe  the  effect  that  township  government  has  upon  civic  life. 

SUGGESTIVE  QUESTIONS  AND  EXEKCISES 
(for  students  where  the  county-townships  system  prevails) 

1.  What  is  said  in  the  constitution  of  this  State  concerning  the  or- 
ganization and  powers  of  townships? 

2.  Name  the  officers  of  this  township.  What  are  the  duties  of  each 
of  these  officers?     For  what  length  of  term  does  each  one  serve? 

3.  Do  townships  of  this  State  belong  to  the  Pennsylvania  or  to  the 
New  York  type? 

4.  What  functions  does  the  township  in  this  State  perform?  Would 
it  be  wise  to  give  it  more  power?     Why? 

5.  How  many  townships  in  this  county?  Name  them.  Bound  the 
one  in  which  you  live. 

6.  Are  there  any  villages  or  towns  within  this  township?  If  any, 
how  are  they  governed?   (p.  218.) 

7.  May  women  vote  for  township  officers  in  this  State?  May  they 
serve  as  township  officers?  For  what  offices  are  women  especially 
fitted? 

8.  Compare  the  merits  of  the  supervisor  plan  with  those  of  the 
commissioner  plan. 

9.  Are  the  people  of  this  township  proud  of  the  manner  in  which 
local  affairs  are  conducted?     If  so,  why?     If  not,  why  not? 

10.  Compute  the  number  of  township  ofScers  in  this  county.  Esti- 
mate the  number  of  such  offices  in  the  entire  State.  Describe  the  effect 
that  would  be  produced  upon  the  citizenship  of  the  State  if  the  town- 
ship government  were  abolished. 

11.  Is  a  love  of  locality  inconsistent  with  love  of  country? 

Topics  for  Special  Worlc. — Townships  in  the  Central  States:  18, 
164-185. 


XXIX 

MUNICIPALITIES 

The  Necessity  for  Municipal  Incorporations.  Thus  far 
we  have  described  those  forms  of  local  government  that  are 
most  efScient  when  administering  to  the  needs  of  rural 
and  sparsely  settled  communities.  For  thickly  settled 
communities,  for  the  thousands  of  villages  and  towns  ^  and 
cities  which  have  sprung  up  within  the  boundaries  of 
counties  and  towns  and  townships,  a  distinct  type  of  local 
government  is  provided.  It  is  plain  that  a  large  number 
of  people  living  closely  together,  say  a  thousand  persons 
upon  a  square  mile  of  territory,  has  special  needs  and, 
therefore,  should  have  a  government  with  special  powers. 
Such  a  densely  settled  community  needs  street-lights,  side- 
walks, sewers,  waterworks,  fire  engines,  and  the  govern- 
ment of  the  township,  or  county  or  town  within  which  it 
is  located  cannot  furnish  these  things  conveniently.  It 
also  needs  special  officers  of  government  clothed  with 
special  powers.  As  long  as  it  is  governed  precisely  as  the 
thinly  settled  region  around  it,  it  will  suffer.  Its  taxes 
will  be  greater  than  the  benefits  which  it  receives  in  return ; 
its  citizens  will  often  act  without  regard  to  the  public 
w^elfare  or  comfort;  its  sidewalks  will  be  unpaved,  its 
streets  will  be  unlighted ;  its  offenses  against  the  health  and 
the  peace  and  the  good  order  of  the  community  will  be 

^  The  word  ' '  town ' '  is  frequently  used  to  denote  simply  a  collection 
of  houses  and  in  this  sense  it  is  used  here.  The  New  England  town  is 
sometimes  a  purely  agricultural  area  without  so  much  as  a  considerable 
cluster  of  houses  within  its  borders. 

216 


MUNICIPALITIES  217 

committed,  and  there  will  be  neither  law  nor  officers  to 
hinder.  The  State,  as  we  have  seen,  comes  to  the  relief 
of  such  a  community  and  confers  upon  it  the  privilege  of 
a  municipal  corporation. 

The  Two  Classes  of  Municipalities.  Municipal  corpora- 
tions, for  convenience  of  treatment,  may  be  divided  into 
two  classes.  In  the  first  class  may  be  included  all  those 
chartered  communities  that  have  a  simple  form  of  or- 
ganization, limited  local  powers,  and  a  small  population, 
although  population  of  itself  is  an  untrustworthy  guide  for 
their  classification.  Such  communities  bear  different  names 
in  different  parts  of  the  country,  being  called  boroughs  in 
some  States,  and  towns  or  villages  in  others. 

The  second  class  of  municipalities  is  the  cities.  A  city 
is  almost  always  an  enlarged  town  or  village,  and  in  out- 
ward appearance  it  is  sometimes  difficult  to  distinguish  a 
small  city  from  a  large  town,  although  between  the  govern- 
ments of  the  two  there  is  a  sharp  difference.  The  govern- 
ment of  the  city  is  more  complex  than  that  of  the  town, 
its  powers  are  greater,  its  officers  are  more  numerous,  and 
its  local  independence  is  more  clearly  defined.  At  what 
point  in  its  growth  a  town  or  village  shall  cast  off  its 
simple  organization  and  assume  the  dignity  of  cityhood  de- 
pends upon  State  law.  In  many  States  a  place  must  have 
ten  thousand  or  more  inhabitants  before  it  is  entitled  to  the 
privileges  of  a  city,  while  in  other  States  we  find  cities  with 
less  than  three  thousand  inhabitants. 

Villages,  Boroughs,  Towns.  It  is  customary  to  give  a  com- 
munity a  municipal  charter  whenever  its  population  be- 
comes large  enough  and  dense  enough  to  justify  a  separate 
organization.  In  some  States  when  a  district  of  less  than 
a  square  mile  in  extent  comes  to  have  as  many  as  three 
hundred  inhabitants  it  is  entitled  under  a  general  law  to 
a  village  or  town  charter,  and  this  it  usually  obtains  from 
a  judge  of  a  court,  or  from  a  secretary  of  state.    In  a  few 


218  THE  AMERICAN  GOVERNMENT 

States,  however,  there  are  no  general  laws  in  reference  to 
municipal  corporations,  and  in  these  the  legislature  grants 
special  charters  giving  to  each  municipality  such  a  charter 
as  it  (the  legislature)  thinks  it  ought  to  have. 

The  organization  and  powers  of  a  village  (or  town,  or 
borough)  do  not  differ  widely  in  the  different  States.  Most 
of  the  officers  are  elected  by  the  voters  of  the  village.  The 
governing  body  consists  of  a  president,  or  mayor,  or  chief 
burgess,  and  a  body  of  three  or  more  trustees  or  burgesses 
or  commissioners.  In  addition  to  these  there  is  always  a 
clerk,  and  frequently  a  treasurer,  tax  collector,  a  constable, 
a  justice  of  the  peace  and  a  board  of  street  commissioners. 
The  village  government  usually  renders  the  following  serv- 
ices: 

(1)  It  keeps  the  peace. 

(2)  It  holds  a  court  for  the  trial  of  minor  civil  and 
criminal  cases. 

(3)  It  keeps  the  streets  in  order  and  provides  good  side- 
walks. 

(4)  It  lights  the  streets. 

(5)  It  furnishes  a  supply  of  water. 

(6)  It  supports  the  public  schools. 

(7)  It  cares  for  the  public  health. 

(8)  It  purchases  apparatus  for  the  extinguishing  of  fires. 

The  Organization  of  Cities.  Since  cities  are  controlled  by 
the  State  legislature  there  are  not  only  great  differences  in 
their  organization  in  different  parts  of  the  Union,  but  even 
in  the  same  State  it  is  sometimes  impossible  to  find  two 
cities  with  the  same  form  of  government.  Still,  there  are 
two  well  defined  types  of  city  government  in  the  United 
States,  the  council  system  and  the  commission  system. 

I.  The  Council  System.  In  most  American  cities  the 
municipal  power  is  divided  and  given  to  a  city  council  and 
a  mayor,  the  council  exercising  the  legislative  power,  and 
the  mayor  exercising  the  executive  power.  This  organiza- 
tion is  usually  known  as  the  council  system. 


IHUNICIPALITIES  219 

The  organization  of  the  city  council  varies  with  the 
temper  of  State  legislatures  and  with  the  theories  of  mu- 
nicipal reformers.  It  is  always  a  representative  body  and 
its  members  are  usually  elected  from  municipal  divisions 
known  as  wards.  In  a  few  large  cities  the  council  consists 
of  two  branches,  but  in  a  great  majority  of  our  cities,  both 
gi'eat  and  small,  it  consists  of  a  single  body.  The  term  of 
office  of  a  councilman  is  sometimes  as  short  as  one  year  but 
it  is  never  longer  than  four  years.  The  council  as  the  legis- 
lature of  the  city  regulates  the  almost  innumerable  activities 
of  the  city  government.  A  perusal  of  its  proceedings  as  re- 
ported in  the  daily  newspaper  will  show  how  closely  its  ac- 
tions are  connected  with  the  daily  life  of  the  urban  resident. 
Its  laws,  called  ordinances,  affect  profoundly  the  health, 
safety,  peace,  comfort,  prosperity,  intelligence  and  morality 
of  the  city. 

In  cities  where  the  council  system  prevails  the  executive 
power  is  vested  in  a  mayor  who  is  elected  by  the  voters  for 
a  term  varying  from  one  to  four  years.  The  powers  and 
duties  of  the  mayor  within  the  city  are  comparable  to  those 
of  the  governor  within  the  State.  The  chief  duty  of  the 
mayor  is  to  carry  into  effect  the  laws  and  ordinances  affect- 
ing the  municipality.  Associated  with  the  mayor  in  the 
executive  branch  of  a  large  city,  there  are  numerous  heads 
of  departments  and  boards.  Some  of  these  are  elected  by 
the  people,  others  are  appointed  by  the  mayor;  in  a  few 
States  some  of  them  (for  example,  the  police  and  health  com- 
missioners) are  appointed  by  the  governor,  or  by  the  State 
legislature.  Serving  under  these  chiefs  and  boards  are  as- 
sistants and  employees,  the  number  of  whom  increases  with 
the  size  of  the  city,  and  sometimes  consists  of  many  thou- 
sands. A  large,  well  organized  city  will  usually  have  such 
departments  and  officers  and  boards  as  are  indicated  by  the 
following  outline : 

(1)  Department  of  Finance:  comptroller,  board  of  esti- 
mates, collector  of  taxes. 

(2)  Department  of  law:  city  solicitor,  or  attorney. 


220  THE  AMERICAN  GOVERNMENT 

(3)  Department  of  Public  Safety:  board  of  fire  commis- 
sioners, commissioner  of  health,  inspector  of  buildings,  com- 
missioner of  streets. 

(4)  Department  of  Public  Improvement:  city  engineer, 
water  board,  inspector  of  boilers. 

(5)  Department  of  Parks  and  Squares:  board  of  park 
commissioners. 

(6)  Department  of  Education:  board  of  school  commis- 
sioners. 

(7)  Department  of  Charities  and  Correction:  trustees  of 
the  poor,  supervisors  of  city  charities. 

(8)  Department  of  Taxes  and  Assessments. 

(9)  Board  of  Police  Commissioners. 

(10)  Miscellaneous:  city  librarian,  superintendent  of 
lamps  and  lighting,  surveyor,  constables,  superintendent  of 
public  buildings,  public  printer. 

In  every  large  city  there  is  a  system  of  courts  extending 
from  the  police  or  magistrate  court  up  to  the  higher  courts, 
but  the  judges  of  these  courts,  although  they  may  be  elected 
by  the  people  of  the  city,  are  not  strictly  officers  of  the 
municipal  government.  Justice  is  administered  in  the  name 
of  the  State,  and  the  judicial  department  of  a  city  is  merely 
a  portion  of  the  State  judiciary  acting  within  the  borders  of 
the  city.  Appeals  from  courts  of  the  city  are  taken  to  the 
supreme  court  of  the  State. 

II.  The  Commission  System.  In  many  of  our  cities  the 
municipal  power  both  legislative  and  executive  is  vested  in 
a  single  body,  usually  known  as  a  commission,  although  this 
body  is  sometimes  called  the  city  council.  Under  the  com- 
mission system  the  governing  body  usually  consists  of  five 
commissioners  (or  councilmen)  elected  by  the  voters  of  the 
city  at  large,  there  being  no  ward  lines  recognized  in  the 
selection  or  in  the  election  of  this  commission.  Party  lines 
as  well  as  ward  lines  are  disregarded  in  the  election  of  the 
commission,  for  candidates  are  nominated  without  the  aid 
of  party  machinery  and  the  election  is  conducted  without 
regard  to  partisan  results.    One  member  of  the  commission  is 


MUNICIPALITIES  221 

the  mayor  who  presides  at  the  meetings  of  the  commission 
(council)  but  who  has  no  power  to  veto  any  measure.  The 
commission  passes  the  ordinances  for  the  government  and 
administration  of  the  city  and  also  carries  the  ordinances 
into  effect.  The  executive  and  administrative  authority  and 
duties  are  distributed  among  several  departments.  These 
departments  are  usually  five  in  number  and  are  known  as 
(1)  the  department  of  public  affairs,  (2)  the  department  of 
accounts  and  finances,  (3)  the  department  of  public 
safety,  (4)  the  department  of  streets  and  public  improve- 
ments, and  (5)  the  department  of  parks  and  public  prop- 
erty. At  the  head  of  each  of  these  departments  is  placed 
one  of  the  members  of  the  commission,  who  is  the  super- 
intendent of  his  department  and  who  is  responsible  for 
its  workings.  The  mayor,  by  virtue  of  his  office  is  the 
superintendent  of  the  department  of  public  affairs.  The 
superintendents  of  the  other  four  departments  are  desig- 
nated by  a  majority  vote  of  the  commission  itself.  All  city 
officers  such  as  the  city  clerk,  the  solicitor,  the  assessor,  the 
treasurer,  the  auditor,  the  chief  of  the  fire  department  and 
the  like,  are  appointed  by  the  commission. 

Thus  it  is  seen  that  under  the  commission  plan  very  great 
power  is  lodged  in  a  small  body  of  men.  But  the  com- 
mission (council)  is  not  likely  often  to  abuse  its  power  for 
wherever  the  commission  system  has  been  installed  the  people 
have  usually  reserved  for  themselves  the  powers  residing  in 
the  initiative  and  referendum,  and  in  the  recall  (p.  167). 
"Where  these  devices  are  in  operation  the  commission  is  held 
directly  responsible  and  accountable  to  the  electorate. 

The  commission  system  is  a  development  of  recent  years. 
It  originated  in  Galveston  after  the  great  inundation  of 
1900.  Des  Moines  followed  Galveston  in  adopting  this  sys- 
tem and  other  cities  followed  in  rapid  succession.  In  1914 
about  four  hundred  cities  were  governed  under  the  com- 
mission plan,  Buffalo,  Denver,  Duluth,  St.  Paul,  Portland 
(Oregon),  Spokane,  Omaha,  Oakland,  Kansas  City  (Kan- 
sas), Lowell,  Lincoln,  Jersey  City,  Trenton,  Memphis,  Nash- 


222  THE  AMERICAN  GOVERNMENT 

ville,  Dallas,  and  Salt  Lake  City,  being  among  the  number. 
Another  municipal  reform  of  recent  years  is  the  city- 
manager  plan.  This  has  for  its  aim  a  greater  concentration 
of  the  executive  authority  than  that  provided  by  the  com- 
mission form.  Where  the  city  manager  plan  has  been 
adopted  the  entire  administration  of  the  affairs  of  the  city 
is  entrusted  to  a  single  officer — the  city  manager — appointed 
by  an  elective  commission  or  council.  The  power  of  the 
city  manager  extends  even  to  the  appointment  of  all  the  city 
officers  and  employees;  the  activities  of  the  council  being 
confined  strictly  to  the  passage  of  ordinances.  Among  the 
cities  that  have  adopted  the  city  manager  plan  are  Dayton, 
Sandusky,  and  Springfield  in  Ohio,  Sumter  in  South  Caro- 
lina, Phoenix  in  Arizona,  and  Jackson  and  Manistee  in 
Michigan. 

The  Sphere  of  Municipal  Activity.  In  the  early  days  of 
our  history  the  powers  granted  by  a  charter  were  such  as 
were  necessary  to  satisfy  special  local  needs  and  these  re- 
ferred chiefly  to  the  preservation  of  law  and  order.  As  the 
cities  grew  larger  it  became  necessary  for  municipal  govern- 
ment to  render  additional  services.  When  it  was  learned 
that  as  an  agency  for  the  suppression  of  crime  one  street 
lamp  was  worth  two  policemen,  cities  generally  undertook  the 
business  of  street  lighting,  and  when  it  was  discovered  that 
an  engine  for  the  extinguishment  of  fire  was  worth  many 
times  its  cost,  they  began  to  purchase  fire  engines  and  other 
apparatus  for  the  volunteer  fire  department. 

During  the  last  fifty  years  the  percentage  of  our  urban 
population  has  grown  with  astonishing  rapidity,  and  with 
the  increase  in  the  number  and  size  of  cities  municipal 
government  has  become  more  and  more  complex,  and  the 
range  of  municipal  activity  has  widened.  It  would  be 
difficult  to  enumerate  all  the  things  done  by  a  progressive 
municipality  of  to-day.  The  city  government  furnishes 
police  protection,  supports  fire  brigades,  provides  water 
supplies,  lights  the  streets  with  gas  or  electricity,  and  paves 


MUNICIPALITIES  223 

and  cleans  them,  constructs  sewers,  helps  the  poor  and  unfor- 
tunate, maintains  a  system  of  elementary  and  high  schools, 
preserves  the  public  health,  abates  nuisances,  inspects  food, 
removes  garbage,  supports  parks,  libraries,  hospitals,  ceme- 
teries, fosters  music  and  literature  and  art,  provides  and 
equips  playgrounds  for  children,  and  does  a  score  of  other 
things  that  would  have,  amazed  our  forefathers. 

QUESTIONS  ON  THE  TEXT 

1.  Under   what   circumstances   does   government   under    a   municipal 
incorporation  become  necessary? 

2.  Into  what  two  classes  may  municipal  incorporations  be  divided? 

3.  Describe  the  organization  of  the  village  or  borough.     What  are 
the  services  of  municipalities  of  this  class? 

4.  Give    an    account   of    the    organization    and   power    of    the    city 
council. 

5.  What  are  the  powers  and  duties  of  the  mayor? 

6.  Name  the  usual  municipal  executive  departments. 

7.  What  is  the  relation  of  the  city  courts  to  the  municipality? 

8.  Describe  the  commission  system;  the  city  manager  plan. 

9.  What  are  some  of  the  things  done  by  the  modern  municipality? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 
(for  students  living  in  smaller  municipalities) 


1.  Secure,  if  possible,  a  copy  of  your  municipal  charter  and  learn 
the  boundaries,  the  titles  of  the  officers,  and  the  powers  of  your  muni- 
cipality. 

2.  Secure  the  names  of  the  officers  who  are  now  serving  in  the 
offices  in  your  town.    Which  of  these  are  serving  without  pay? 

3.  What  can  you  say  of  the  condition  of  the  streets  of  your  town? 
of  the  efficiency  of  your  fire  department?  of  the  efficiency  of  your  police 
department?  of  the  success  of  your  school  system? 

4.  Look  around  you  and  discover  something  that  you  as  pupils  may 
do  to  improve  your  town.     (Let  each  student  mention  one  thing.) 

5.  You  have  discovered  a  few  things  which  you  as  students  may  do 
for  the  betterment  of  town  affairs.  Now  organize  as  a  civic  club  and 
set  about  doing  these  things. 

6.  Would  you  vote  for  a  town  officer  regardless  of  the  political  party 
to  which  he  belongs?     Give  reasons  for  your  answer. 

7.  Name  all  the  chartered  municipalities  situated  in  the  county  in 
which  you  live. 

8.  To  what  extent  is  your  town  under  county  government? 


224  THE  AMERICAN  GOVERNMENT 

n 

(foe  students  living  in  cities) 

1.  Compare  the  organization  of  your  city  with  the  one  outlined  in 
the  text.  As  your  city  increases  in  population  what  changes  will  have 
to  be  made  in  its  government? 

2.  What  is  the  length  of  the  mayor's  term  of  office?  What  is  his 
salary?    What  officers  and  boards  does  he  appoint? 

3.  Describe  the  organization  of  your  city  council.  What  is  the 
method  of  representation  in  this  council?  Do  you  know  the  name  of 
the  person  who  represents  your  ward  in  the  council?  Bound  the  ward 
in  which  you  live. 

4.  (See  exercise  5  above,  substituting  "city"  for  "town.") 

5.  (See  suggestion  6  above.) 

6.  A  citizen  of  a  city  said:  "I  always  vote  at  State  and  national 
elections,  but  I  never  vote  at  municipal  elections. ' '  In  what  particular 
was  this  citizen  neglecting  his  personal  interest?  What  special  quali- 
ties of  citizenship  are  necessary  in  a  city? 

7.  Make  out  a  list  of  the  services  performed  by  the  national,  State 
and  municipal  governments  respectively. 

8.  Name  a  few  of  the  influences  that  make  for  bad  city  govern- 
ment.    Can  any  of  these  be  overcome? 

9.  What  agencies  are  now  at  work  in  your  city  for  the  improvement 
of  its  government? 

Topics  for  Special  WorTc.—The  City  Council:  14,  137-176.  The 
City  Beautiful:  15,  239-248.  The  City  for  the  People:  15,  280-299. 
Popular  Eesponsibility :  17,  244-274.  Civic  Education:  17,  91-120. 
Home  Eule  for  Cities:  30,  336-344.  The  "Commission"  System:  30, 
356-360.    The  City  the  Battle-Ground  of  Democracy:    30,  503-506. 


XXX 

PARTY  ORGANIZATION 

The  Nomination  of  Candidates.  One  of  the  most  important 
of  the  services  performed  by  a  political  party  is  to  nom- 
inate candidates  for  office.  A  person  may  announce  him- 
self as  a  candidate  and  secure  votes  for  himself  without 
being  named  as  the  candidate  of  a  party,  but  it  seldom 
happens  that  any  one  is  elected  to  an  important  office  in 
this  way.  Before  one  can  hope  for  success  at  the  polls 
one  must  first  receive  the  endorsement  of  a  political  party. 
A  nomination  by  a  party  is  an  announcement  to  voters 
from  a  responsible  source  that  the  candidate  named  pos- 
sesses personal  fitness  for  the  office  to  which  he  aspires, 
and  that  his  political  views  agree  with  the  doctrines  pro- 
fessed by  the  party.  In  a  great  democracy  intelligent 
voting  is  almost  impossible  unless  candidates  are  agreed 
upon  before  election  day. 

The  Development  of  Party  Organization.  A  history  of 
presidential  elections  would  be  a  history  of  party  organiza- 
tion. The  early  presidential  elections  were  conducted  with- 
out the  aid  of  elaborate  party  machinery.  In  1804  the 
democratic  members  of  Congress  assembled  as  a  caucus  and 
nominated  a  candidate  for  the  presidency.  In  making  this 
nomination  they  acted  as  private  citizens  and  not,  of 
course,  as  members  of  Congress.  Presidential  candidates 
continued  to  be  named  by  the  congressional  caucus  for 
several  elections,  although  dissatisfaction  with  the  method 
soon  began  to  show  itself.     The  people  were  not  content 

225 


226  THE  AMERICAN  GOVERNMENT 

that  their  candidate  for  the  presidency  should  be  named 
by  members  of  Congress,  and  they  soon  began  to  clamor 
for  the  privilege  of  making  their  own  nominations.  In 
1823  the  people  of  Blount  County,  Tennessee,  at  a  mass 
meeting  nominated  Andrew  Jackson  for  President.  From 
this  time  on  nominating  influences  began  at  the  bottom 
instead  of  at  the  top.  Mass  meetings,  State  legislatures  and 
State  conventions  began  to  express  their  views  as  to  presi- 
dential candidates,  and  by  1832  the  congressional  caucus 
had  disappeared  and  a  national  convention  consisting  of 
party  delegates  from  all  the  States  had  begun  to  name 
the  party  candidate  for  President  and  Vice-President. 

Along  with  the  popular  method  of  naming  the  presiden- 
tial candidates  there  was  established  the  custom  of  elect- 
ing the  presidential  electors  by  the  direct  vote  of  the  peo- 
ple. At  the  beginning  of  the  nineteenth  century,  in  a 
majority  of  the  States,  the  electors  were  chosen  by  the 
legislature,  but  by  1832  all  the  States  but  one  (South  Caro- 
lina) were  electing  the  electors  by  a  popular  vote  This 
change  was  made  necessary  by  the  requirements  of  party 
organization.  If  a  presidential  election  was  to  be  a  party 
affair  and  a  popular  affair,  the  party  must  not  only  name 
the  presidential  candidates,  but  it  must  also  elect  the  electors 
who  were  to  choose  the  President. 

Thus  party  organization  in  the  United  States  was  built 
up  while  men  were  finding  a  way  to  nominate  a  candidate 
for  the  presidency,  and  the  presidential  nomination  is  still 
the  central  subject  of  party  activity.  Since  this  is  so, 
we  may  most  conveniently  study  the  subject  of  party  or- 
ganization by  following  the  workings  of  a  party  in  a  presi- 
dential year. 

Permanent  Party  Organization.  The  work  of  a  political 
party  does  not  end  on  election  night  when  the  ballots  have 
been  counted.  The  life  of  a  party  must  be  supported  from 
one  election  to  the  next,  and  this  is  done  by  means  of  a 
permanent   organization,  which  is  maintained   throughout 


PARTY  ORGANIZATION  227 

the  length,  and  breadth  of  the  land.  In  almost  every  town- 
ship, village,  election  district,  and  city  ward,  each  of  the 
great  parties  has  its  permanent  local  committee  of  manage- 
ment. Likewise  it  has  its  permanent  county,  city  and  State 
committees.  Above  all  these  it  has  a  permanent  National 
Committee,  consisting  of  one  member  from  each  of  the  States 
and  Territories. 

These  permanent  committees  do  the  heavy  work  of  poli- 
tics. Indeed,  they  do  all  the  work  of  politics  except  voting. 
They  issue  calls  for  the  nominating  conventions  to  be  de- 
scribed below;  they  organize  political  clubs;  they  arrange 
for  political  mass  meetings  and  processions;  they  solicit 
funds  for  conducting  campaigns;  they  urge  voters  to  be 
registered,  and  then  urge  them  to  come  to  the  polls;  in 
many  other  ways  they  promote  and  defend  the  interests 
of  the  party,  through  good  and  ill  report,  after  defeat 
as  well  as  after  success. 

The  members  of  these  party  committees  are  generally 
experienced  politicians,  and  they  know  how  to  organize 
and  control  men.  They  are  skillful  in  determining  what 
the  rank  and  file  of  the  party  desire,  and  they  are  quick 
to  respond  to  the  commands  of  public  opinion.  Their 
services  are  generally  performed  without  compensation.  In 
many  instances,  however,  in  the  event  of  party  success, 
they  expect  either  to  hold  office  themselves  or  to  assist 
their  friends  to  office,  or  to  profit  personally  in  some  other 
way. 

PajTty  Conventions.  The  chief  work  of  the  permanent  com- 
mittees is  to  keep  the  nominating  machinery  in  motion. 
This  consists  of  a  series  of  party  conventions  which  in  a 
presidential  year  are  all  called  into  action.  These  conven- 
tions, beginning  with  the  lowest  of  the  series,  will  now  be 
described : 

I.  The  Primary.  In  the  spring  of  a  presidential  year 
the  permanent  local  committees  of  the  lowest  grade,  in 
response  to  an  order  which  has  come  down  to  them  through 


228  THE  AMERICAN  GOVERNMENT 

the  State  committee  from  the  National  Committee,  call 
together  the  voters  of  the  party  within  the  town  or  elec- 
tion precinct  or  ward,  to  confer  and  act  upon  party  mat- 
ters— especially  upon  matters  relating  to  the  nomination 
of  a  candidate  for  President — in  a  primary  meeting.^  At 
the  primary  two  things  at  least  are  likely  to  be  done:  (1) 
the  permanent  local  committee  is  either  reelected,  or  a  new 
one  is  chosen,  and  (2)  delegates  to  a  county  (or  city)  con- 
vention are  elected. 

These  primary  meetings  are  quite  in  the  nature  of  pure 
democracies.  Sometimes  they  are  held  in  a  hall  and  are  so 
conducted  that  any  voter,  in  addition  to  voting,  may  ex- 
press his  opinion  in  discussion.  They  are  the  meetings 
where  the  voting  masses  of  the  party  have  a  direct  voice 
in  the  management  of  the  party's  affairs.  They  can  be  con- 
trolled by  the  voters  of  the  party,  and  if  they  are  controlled 
by  the  party  managers  (the  permanent  committee)  it  is 
the  fault  of  the  voters. 

After  the  people  have  expressed  themselves  at  the  pri- 
maries they  have  nothing  further  to  do  with  party  man- 
agement. Everything  henceforth  is  in  the  hands  of  the 
delegates  and  managers  chosen  in  the  primaries.  It  is 
only  natural  that  the  permanent  organization  should  seek 
to  control  the  primaries,  for  if  they  can  do  this  they  can 
name  the  delegates  to  the  higher  conventions,  and  thus 
control  the  nominations  for  all  the  higher  offices,  and  can 
secure  for  themselves  and  friends  appointments  to  office. 
If  the  voters  of  a  party  do  not  like  the  nominations  which 
are  made  they  can,  of  course,  vote  against  the  candidates 
at  the  polls,  but  voters  are  loath  to  do  this.  It  seems  to 
be  much  easier  to  neglect  one's  duties  at  the  primaries 
than  it  is  to  rebuke  the  party  management  on  election 
day. 

For  many  years  the  primary,  like  the  entire  party  or- 
ganization, was  an  extra-legal,  voluntary  institution.  It 
was  controlled  by  rules  made  by  party  managers  and 
^Sometimes  called  a  caucus. 


PARTY  ORGANIZATION  229 

whether  it  was  conducted  honestly  or  otherwise  was  not  an 
affair  of  governmental  concern.  If  at  the  primary  election 
there  was  cheating  or  irregularities  no  one  could  be  pun- 
ished. But  in  recent  years,  in  most  of  the  States,  primaries 
have  been  placed  under  the  control  of  the  law  and  have 
been  conducted  as  regularly  and  as  honestly  as  other  elec- 
tions (p.  345)  are  conducted.  It  is  the  part  of  good  citizen- 
ship to  give  these  primary  election  laws  the  heartiest  sup- 
port, for  the  primaries  are  the  springs  in  which  the  great 
stream  of  politics  rises,  and  that  stream  will  be  pure  or 
impure  according  as  the  source  is  pure  or  impure, 

il.  The  County  (or  City)  Convention.  We  left  the  pri- 
mary sending  delegates  to  the  county  convention  in  a  presi- 
dential year.  These  delegates  may  be  instructed  at  the 
primary  to  act  in  the  interest  of  a  certain  man  as  the 
party  candidate  for  President,  and  to  support  certain  po- 
litical measures,  or  they  may  go  to  the  convention  free 
to  act  as  their  judgments  direct.  In  a  short  time  after 
the  primary  election  they  assemble  (usually  at  the  county- 
seat)  as  the  county  convention  of  the  party  which  they 
represent.  This  body,  consisting  perhaps  of  forty  or  fifty 
men,  elects  three  or  four  or  five  delegates  to  represent  the 
party  in  a  State  convention.  If  the  county  convention 
is  in  favor  of  a  certain  man  for  President  it  may  instruct 
these  delegates  for  this  man  in  the  State  convention. 

III.  The  State  Convention.  A  few  weeks  after  the  county 
convention,  delegates  from  all  the  counties  (and  cities^) 
assemble  at  some  convenient  place  as  the  State  convention 
of  the  party.  This  body,  consisting  sometimes  of  several 
hundred  men,  passes  resolutions  expressing  the  political 
views  of  the  party  in  the  State,  names  its  choice  for  presi- 
dential candidate — if  it  happens  to  have  a  choice — and,  in 
a  few  States,  elects  delegates  to  a  National  Convention,  the 
number  of  delegates  allotted  to  each  State  being  twice  the 

*  In  a  city  each  ward  in  primary  meeting  sends  delegates  to  a  city 
convention  and  this  body  elects  delegates  to  the  State  convention  to 
meet  with  the  delegates  from  the  counties. 


230  THE  AMERICAN  GOVERNMENT 

number  of  its  representatives  in  both  Houses  of  Congress.^ 
Sometimes  it  also  selects  candidates  for  presidential  elec- 
tors. Although  the  men  in  this  convention  are  several 
degrees  removed  from  the  voting  mass,  yet  if  the  sentiment 
at  the  primaries  was  pronounced  and  definite  it  will  find 
expression  in  the  State  convention.  If,  on  the  other  hand, 
the  voters  at  the  primaries  gave  no  direct  indication  of 
their  will  the  delegates  in  the  higher  conventions  must  act 
according  to  their  judgment. 

IV.  The  National  Convention.  In  June  or  July,  all  the 
State  conventions  having  been  held,  the  delegates  from  the 
States  (and  Territories)  assemble  as  the  great  National  Con- 
vention. This  body,  consisting  of  more  than  a  thousand 
men,  meets  in  some  convenient  city,  and  after  several  days 
of  discussion,  expresses  the  views  of  the  party  upon  public 
questions  in  the  shape  of  a  platform  and  chooses  candidates 
for  President  and  Vice-President. 

The  Presidential  Campaign.  After  all  the  political  parties 
have  named  their  candidates .  the  struggle  for  election  be- 
gins. Political  meetings  are  held,  the  claims  of  the  candi- 
dates are  urged,  the  platforms  are  explained  and  de- 
fended, and  everything  that  can  be  done  to  influence  voters 
is  done. 

The  campaign,  with  all  its  faults,  is  a  most  wholesome 
element  in  our  public  life.  It  is  the  school-time  of  de- 
mocracy. By  it,  men's  attention  is  strongly  attracted  to 
public  affairs,  civic  spirit  is  awakened,  and  voters  are  edu- 
cated. The  greatest  objection  to  lengthening  the  presi- 
dential term  is  that  to  do  so  would  be  to  deprive  the  peo- 
ple of  the  great  educational  advantage  of  frequent  presi- 
dential campaigns. 

^  In  most  of  the  States  the  State  convention  elects  only  four  delegates 
(called  delegates  at  large)  to  the  National  Convention,  the  other  dele- 
gates being  elected  at  congressional  district  conventions,  two  delegates 
being  chosen  from  each  district.  Where  this  is  the  practice  the  district 
convention  selects  a  candidate  for  presidential  elector. 


PARTY  ORGANIZATION  231 

The  Election  of  the  President.  The  campaign  continues 
until  the  election  day  in  November,  when  the  voters  render 
their  decision.  They  do  not  vote  for  a  President  directly, 
but  for  electors  as  the  Constitution  provides  (146).  Since 
these  electors  are  nominated  and  elected  by  a  party  they 
are  morally  bound  to  vote  for  the  candidate  of  the  party 
which  elected  them,  and  no  elector  has  ever  proved  unfaith- 
ful to  the  party  that  elected  him.  The  President  is,  there- 
fore, really  elected  at  the  polls. 

The  electors  chosen  in  November  meet  in  their  respective 
States  in  January  and  vote  for  President  and  Vice-Presi- 
dent. The  results  of  this  vote  are  despatched  from  the 
several  States  to  the  President  of  the  Senate  at  Washington 
and  on  the  second  Wednesday  in  February  Congress  meets 
to  count  the  votes.  The  person  receiving  the  majority  of  the 
votes  cast  for  President  is  declared  to  be  elected,  and  the 
person  receiving  the  majority  of  the  votes  cast  for  Vice- 
President  is  declared  to  be  elected.  When  no  person  receives 
a  majority  of  all  the  electoral  votes,  the  Constitution  provides 
that  the  House  of  Representatives  shall  choose  a  President 
and  the  Senate  a  Vice-President,  and  states  precisely  how 
the  election  shall  be  conducted   (148). 

Direct  Nomination.  In  many  States  the  convention  sys- 
tem of  nominating  candidates  has  been  abandoned  and 
nominations  are  made  by  a  direct  vote  of  all  the  voters  of 
the  party.  Under  the  plan  of  direct  nominations  the 
voters  "go  to  a  primary  meeting,  which  is  managed  in 
practically  the  same  way  as  a  regular  election,  and  vote 
directly  for  the  candidates  whom  they  wish  to  represent 
their  party  at  the  next  election."  In  other  words,  under 
the  direct  system  the  voters  select  their  own  party  candi- 
dates; they  do  not  entrust  the  selection  to  party  repre- 
sentatives, or  to  the  action  of  party  conventions.  When 
county  officers,  for  example,  are  to  be  nominated,  the 
voters  of  a  party,  instead  of  electing  delegates  to  a  county 
convention  authorized  to  nominate  these   officers,   express 


232  THE  AMERICAN  GOVERNMENT 

their  choice  for  candidates  at  primary  elections  held 
throughout  the  county,  and  the  candidates  who  win  at  the 
primaries  are  put  on  the  ticket  as  the  regular  party  nom- 
inees. If  a  candidate  for  governor  is  to  be  chosen  the 
voters  of  the  party  throughout  the  State  express  their  choice 
at  the  primaries  and  the  person  most  in  favor  at  the  pri- 
maries becomes  the  regular  party  candidate  for  governor. 

The  system  of  direct  nomination  has  been  adopted  by  a 
great  many  States  and  is  growing  in  popularity.  Some 
leaders  even  propose  that  the  system  be  extended  to  the 
nomination  of  presidential  candidates.  Indeed,  in  some 
States,  presidential  primaries  are  held  and  voters  are  given 
an  opportunity  to  express  by  direct  vote  their  preference  in 
respect  to  presidential  candidates. 

QUESTIONS  ON  THE  TEXT 

1.  What  services  do  political  parties  render  when  they  nominate 
candidates  for  office? 

2.  Give  an  account  of  the  development  of  party  organization  in  the 
United  States. 

3.  Describe  the  permanent  organization  of  a  political  party. 

4.  Give  an  account  of  the  primary  meeting  and  point  out  the  im- 
portance of  the  meeting. 

5.  Describe  the  party  conventions  above  the  primary  meeting. 

6.  Give  an  account  of  a  presidential  campaign. 

7.  What  is  the  duty  of  a  presidential  elector? 

8.  Describe  the  system  of  direct  nominations. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Are  primaries  in  this  State  legalized?  If  they  are  not  is  there  a 
strong  sentiment  in  favor  of  legalizing  them? 

2.  Are  the  politicians  whom  you  personally  know  better  or  worse 
than  their  neighbors?     (Avoid  using  or  suggesting  any  names.) 

3.  How  many  electoral  votes  has  this  State? 

4.  What  Presidents  were  elected  by  Congress? 

5.  Show  that  it  is  possible  for  a  man  to  be  elected  President  without 
receiving  a  majority  of  the  votes  cast. 

6.  Show  that  it  is  possible  for  a  single  vote  at  the  poUs  to  decide  a 
presidential  contest. 

Topics  for  Special  WorTc. — The  Nomination  of  Candidates:  25,  34- 
78.  Presidential  Leadership:  12,  25-41.  The  National  Convention: 
2,473-485.    The  Party  Machine :    30,373-378. 


PART    III 

THE    FUNCTIONS    OF    THE    AMERICAN 
GOVERNMENT:     ITS    SERVICES 


XXXI 

THE  FUNCTIONS  OF  GOVERNMENT 

Introductory.  In  the  first  part  of  this  treatise  the  great 
principles  and  fundamental  ideas  of  the  American  political 
system  were  considered,  and  in  the  second  part  of  the  formal 
organization  of  the  several  grades  of  government  which 
are  included  in  that  system  were  studied.  In  this,  the 
third  part,  we  shall  be  concerned  with  the  functions,  or, 
as  we  may  say,  the  services,  of  our  government;  but  be- 
fore we  take  up  the  particular  topics  of  this  division  of  our 
work  it  will  be  best  to  glance  at  the  subject  of  govern- 
mental functions  in  general. 

The  Scope  of  Governmental  Activity.  The  services  ren- 
dered by  the  different  governments  of  the  earth  vary  with 
the  racial  instincts  and  the  character  of  the  civilization 
of  the  people  whom  the  governments  serve.  As  a  general 
rule  Teutonic  and  Anglo-Saxon  peoples  who  are  true  to 
their  political  instincts  are  jealous  of  governmental  au- 
thority, and  are  inclined  to  be  chary  of  increasing  the 
governmental  functions,  while  Latin  and  Oriental  peoples 
regard  government  with  kindlier  feelings,  and  are  lavish 
in  according  power  to  it.  The  functions  of  government 
vary  not  only  from  country  to  country,  but  they  also 
change  in  the  same  country  from  year  to  year.  It  follows, 
therefore,  that  any  enumeration  of  the  functions  of  govern- 
ment must  be  more  or  less  typical  in  character.  Such  an 
enumeration  is  nevertheless  useful,  for  it  gives  a  general 
notion  of  the  scope  and  nature  of  governmental  activity. 
A  typical  progressive  government  does  the  following 
things : 

235 


236  THE  AMERICAN  GOVERNMENT 

(1)  It  makes  new  laws  to  meet  the  ever  changing  con- 
ditions of  society. 

(2)  It  renders  justice  between  man  and  man,  and  be- 
tween man  and  the  State. 

(3)  It  provides  a  defense  against  foes. 

(4)  It  protects  and  promotes  its  international  interests. 

(5)  It  supports  itself  by  means  of  taxation. 

(6)  It  borrows  money  in  time  of  stress. 

(7)  It  coins  money  and  establishes  standard  weights  and 
measures. 

(8)  It  regulates  commerce,  domestic  and  foreign. 

(9)  It  maintains  a  postal  system  and  provides  thorough- 
fares for  travel  and  transportation. 

(10)  It  conducts  the  election  of  public  officers. 

(11)  It  preserves  the  family  as  an  institution  of  society. 

(12)  It  provides  for  the  education  of  the  young. 

(13)  It  regulates  commerce  and  industry. 

(14)  It  defines  and  punishes  crime. 

(15)  It  helps  the  poor  and  incapable. 

(16)  It  cares  for  the  morality,  health,  comfort  and  con- 
venience of  citizens. 

Nearly  every  modern  civilized  government  does  all  the 
above  things,  and  some  governments  do  much  more.  In 
most  of  the  countries  of  Europe  the  railroads,  the  telephone 
and  telegraph  systems,  and,  in  some  instances,  the  mines, 
are  operated  by  the  government.  In  many  of  the  cities  of 
Europe  the  scope  of  governmental  authority  is  still  fur- 
ther enlarged,  embracing  not  only  such  functions  as  the 
supplying  of  gas  and  water,  but  extending  to  such  ser- 
vices as  the  maintenance  of  public  baths,  laundries,  pawn- 
shops, savings-banks  and  lodging-houses.  In  London  the 
city  government  has  gone  so  far  as  to  supply  sanitary  milk 
to  the  poorer  classes. 

Government  and  the  Individual.  The  functions  of  govern- 
ment in  all  progressive  countries  are  increasing  and  must 
continue  to  increase.     Civilization  is  growing  more  com- 


THE  FUNCTIONS  OF  GOVERNIMENT  237 

plex,  human  interests  are  multiplying  and  conflicting  with 
each  other  as  never  before,  population  is  increasing  with 
startling  rapidity  and  is  crowding  into  the  cities,  inven- 
tion and  processes  of  manufacture  and  methods  of  busi- 
ness are  changing  the  face  of  the  industrial  world.  The 
circumstances  of  this  modern  life  do  not  permit  the  large 
individual  freedom  of  former  days.  In  order  to  make 
the  proper  social  adjustments  under  the  new  conditions 
government  must  step  in  and  do  things  that  it  has  not 
done  before,  and  that  in  a  past  age  it  would  not  have 
ventured  to  do,  and  with  each  new  function  added  to 
government  personal  liberty  is  to  some  degree  curtailed. 
The  individual  withers  as  the  state  grows  more  and 
more. 

But  government  in  a  democracy  cannot  assume  an  addi- 
tional function  without  the  consent  of  the  voters.  The 
voter,  therefore,  is  constantly  called  upon  to  determine  the 
proper  limits  of  governmental  activity.  Shall  the  gov- 
ernment operate  the  railroads,  or  shall  individuals  con- 
tinue to  operate  them?  Shall  the  municipal  government 
furnish  the  people  with  ice  as  it  furnishes  them  with  water, 
or  shall  the  ice  be  furnished  by  private  enterprise?  Shall 
the  government  carry  telegraphic  messages  as  it  carries 
letters,  or  shall  the  telegraph  business  remain  in  private 
hands?  Shall  the  municipality  provide  a  free  lunch  for 
school  children  as  it  provides  free  text-books,  or  shall  par- 
ents attend  to  the  lunches?  Shall  government  regulate 
the  hours  of  labor,  or  shall  each  man  be  permitted  to  work 
as  many  hours  or  as  few  hours  as  he  pleases?  In  all  such 
questions  the  voter  must  decide  either  in  favor  of  the  in- 
dividual or  in  favor  of  the  state. 

Political  science  cannot  point  out  to  the  voter  precisely 
what  government  should  do  and  what  it  should  not  do, 
for  the  sphere  of  government  cannot  be  circumscribed  "by 
the  ring  fence  of  a  definition,"  but  political  science  can 
sound  a  note  of  warning.  The  most  judicious  of  all  men 
who  have  written  on  the  subject  of  human  liberty,  John 


238  THE  AMERICAN  GOVERNMENT 

Stuart  Mill,  has  sounded  this  note  in  the  clearest  tones.^ 
"Whatever  theory,"  he  says,  "we  may  adopt  respecting 
the  foundation  of  the  social  union,  and  under  whatever 
political  institutions  we  live,  there  is  a  circle  around  every 
individual  human  being  which  no  government,  he  it  that 
of  one,  of  a  few,  or  of  the  many,  ought  to  be  permitted 
to  overstep ;  there  is  a  part  of  the  life  of  every  person  who 
has  come  to  years  of  discretion  within  which  the  individu- 
ality of  that  person  ought  to  reign  uncontrolled  either  by 
any  individual  or  by  the  public  collectively.  This  reserved 
territory  ought  to  include  all  that  part  which  concerns 
only  the  life,  whether  inward  or  outward,  of  the  individual, 
and  does  not  affect  the  interests  of  others,  or  affects  them 
only  through  the  moral  influence  of  example."  Here  is 
a  test  that  should  be  applied  to  every  proposed  extension 
of  governmental  authority.  When  government  is  permitted 
to  invade  one's  private  life  and  make  regulations  in  re- 
spect to  matters  that  do  not  directly  and  closely  and  power- 
fully affect  the  outer  social  world,  human  liberty  suffers  a 
loss  for  which  no  governmental  service  however  great  is 
likely  to  be  a  full  compensation. 

Besides  the  broad  principle  stated  above,  there  are  sev- 
eral other  considerations  that  should  always  have  weight 
when  the  extension  of  governmental  authority  is  proposed: 
(1)  The  more  we  give  government  to  do,  the  more  habitu- 
ally will  we  look  to  government  to  help  in  the  solution  of 
the  difflculties  of  life,  and  the  habit  of  looking  to  the  state 
as  the  great  deliverer  and  provider  tends  to  dwarf  the 
faculties  of  self-reliance  and  self-help.  (2)  The  more  the 
government  has  to  do  the  greater  the  army  of  government 
officials  and  the  greater  the  danger  of  a  bureaucracy,  which 
is  another  word  for  official  tyranny.  (3)  If  the  government 
is  not  doing  well  what  it  is  now  undertaking  to  do  it  is 
hardly  probable  that  an  extension  of  its  functions  would 
result  in  success.  (4)  When  a  private  enterprise  is  ren- 
dering a  certain  service  to  society  in  a  way  that  is  generally 
^Mill,  "PoUtical  Economy,"  Vol.  II,  p.  560. 


THE  FUNCTIONS  OF  GOVEENMENT  239 

satisfactory  it  would  be  unwise  to  burden  government  with, 
that  service. 

Individualism,  Liberalism  and  Socialism.  In  the  field  of 
practical  politics  we  find  men  differing  widely  in  their 
views  as  to  the  proper  sphere  of  government.  Some  would 
limit  the  province  of  government  strictly  to  the  defense 
of  the  nation  against  foreign  foes,  and  to  the  protection 
of  persons  and  property  against  fraud  and  violence,  leav- 
ing all  other  social  interests  to  be  attended  to  by  private 
enterprise  and  effort.  Those  who  believe  in  this  let-alone 
(laisser-faire)  policy  may  be  styled  the  individualists  of 
polities.  They  now  form  but  a  small  part  of  the  voting 
population  of  any  free  country. 

Next  to  the  individualists  may  be  classed  those  who 
would  add  to  the  merely  protective  functions  of  govern- 
ment certain  others,  such  as  the  management  of  the  post- 
office,  the  establishment  of  public  schools,  the  unprovement 
of  rivers  and  harbors,  the  maintenance  of  thoroughfares 
— social  services  that  can  without  doubt  be  performed  by 
the  state  better  than  by  the  individual.  Those  who  favor 
this  moderate  extension  of  the  functions  may  be  called 
liberalists.  They  constitute  by  far  the  largest  class  of 
voters  in  almost  every  country  of  the  world. 

Lastly,  there  are  the  socialists  who  believe  in  an  enor- 
mous increase  in  the  functions  of  government.  Under 
socialism  the  state  would  own  and  control  not  only  all  the 
means  of  transportation  and  communication,  railroads, 
steamboats,  canals,  telegraph  and  telephone  lines,  but  it 
would  also  o^vn  and  control  all  the  means  and  instruments 
of  production,  the  mines  and  forests  and  farming  lands, 
and  shops  and  factories  and  mills.  Under  such  a  program 
individual  enterprise  would  disappear  almost  entirely,  and 
there  would  be  substituted  in  its  place  the  collective  effort 
of  society.  The  state  would  be  a  great  joint  stock  company 
whose  membership  would  comprise  the  whole  body  of  citi- 
zens, and  whose  object  would  be  to  provide  for  the  material 


240  THE  AMERICAN  GOVERNMENT 

wants  of  its  membership.  Of  course  if  the  state  should 
be  the  sole  producer  it  follows  that  it  would  also  make  a 
distribution  of  the  products,  giving  to  each  person  (each 
member  of  the  joint  stock  company)  his  just  portion  of  the 
goods  produced.  What  the  portion  of  a  given  individual 
would  be  would  depend  upon  the  quantity  and  quality  of 
the  labor  which  the  individual  performed.  If  a  person 
able  to  work  performed  no  labor  at  all  he  would  get  no 
portion  at  all  and  would  consequently  starve  to  death. 
Under  the  socialist  program  everybody  able  to  work  would 
be  compelled  to  work.  Socialism  is  exceedingly  strong  in 
some  of  the  countries  of  Europe,  especially  in  Germany, 
where  the  socialist  party  outnumbers  any  other  political 
group.  In  the  United  States  the  socialists  are  organized 
as  a  political  party  and  are  increasing  in  numbers. 

QUESTIONS  ON  THE  TEXT 

1.  Enumerate  the  functions  of  a  typical  progressive  government. 

2.  What  circumstances  of  modern  life  tend  to  strengthen  the  state  at 
the  expense  of  the  individual? 

3.  What  rule  does  Mill  give  in  respect  to  the  limitation  of  govern- 
mental authority? 

4.  What  four  considerations  should  have  weight  vphen  deciding  for 
or  against  a  proposed  addition  to  the  functions  of  government? 

5.  What  is  meant  by  individualism  in  politics? 

6.  Who  are  the   liberalists  in  politics? 

7.  What  is  meant  by  socialism? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Enumerate  the  functions  of  your  town  or  city  government.  Is  it 
doing  anything  that  could  be  better  done  by  private  enterprise?  What 
things  are  now  being  done  by  private  enterprise  that  could  be  better 
done  by  the  municipal  government? 

2.  Where  is  there  more  individual  liberty,  in  the  city  or  in  the  coun- 
try? 

3.  Prepare  a  ten-minute  paper  on,  "The  Municipal  Functions  of 
Glasgow."  (Consult  Shaw's  "Municipal  Government  in  Great 
Britain.") 

4.  Determine  in  which  of  the  following  instances  there  would  be  a 
violation  of  the  rule  laid  down  by  Mill  and  given  in  the  text:  The 
Government — (o)  compels  everybody  to  be  vaccinated;  (&)  forbids  the 


THE  FUNCTIONS  OF  GOVERNMENT  241 

reading  of  certain  books;  (c)  forbids  the  sale  of  certain  books;  (d) 
furnishes  the  milk  that  must  be  drunk;  (e)  furnishes  the  virus  that 
must  be  used  in  vaccination;  (/)  compels  everybody  to  attend  church; 
(g)  compels  everybody  to  attend  a  certain  church;  (h)  forbids  the  sale 
of  oleomargarin;  (i)  compels  dealers  to  label  oleomargarin  as  such; 
(j)  forbids  the  use  of  oleomargarin  altogether;  (fc)  compels  parents 
to  send  their  children  to  school;  (l)  compels  parents  to  send  their  chil- 
dren to  certain  schools. 

5.  Of  the  following  enterprises  name  one,  if  there  is  one,  which 
should  be  undertaken  by  government  in  this  country:  (a)  The  operation 
of  telegraph  lines;  (b)  the  operation  of  railroads;  (c)  the  operation 
of  trolley  lines  in  cities;  (d)  the  operation  of  coal  mines;  (e)  the 
manufacture  and  sale  of  gunpowder;  (/)  the  manufacture  and  sale  of 
illuminating  gas;    (g)  the  manufacture  and  sale  of  ice. 

6.  If  government  should  undertake  the  enterprises  named  above  to 
which  of  the  several  grades  of  government,  local,  State  or  federal, 
would  each  enterprise  be  assigned? 

7.  Public  Opinion  Law. — In  Illinois  it  is  provided  by  law  that  upon 
petition  of  ten  per  cent,  of  the  voters  of  the  State  any  question  of 
public  policy  may  be  submitted  to  the  voters  of  the  State.  The  vote 
upon  a  question  thus  submitted  does  not  bind  the  legislature  but 
merely  serves  as  an  expression  of  public  opinion;  and  it  is  an  indica- 
tion of  what  the  people  want.  What  do  you  think  of  this  device? 
Compare  its  merits  with  those  of  the  initiative. 

Topics  for  Special  WorTc. — The  Functions  of  Government:  21,  514- 
528.  Socialism:  21,  500-512.  Outlines  of  the  Socialist  State:  24, 
277-323.  Personal  Liberty  vs.  Governmental  Authority:  30,  392-397. 
Governmental  Enterprise  in  the  Non-Essentials:    30,  402-410. 


XXXII 

LAWS 

Introductory.  A  constant  service  of  a  popular  govern- 
ment is  to  make  laws  suitable  to  the  ever  changing  con- 
ditions of  society.  Since  the  American  voter  is  indirectly 
a  law-maker — frequently  he  is  a  direct  law-maker — he 
ought  to  have  clear  and  just  notions  respecting  the  nature 
of  laws.  He  ought  to  know  what  law  is,  what  are  the  dif- 
ferent kinds  of  laws,  what  are  the  characteristic  features 
of  a  law,  and  above  all  he  ought  to  have  sound  ideas  in 
respect  to  what  law  can  do  and  what  it  cannot  do.  In  this 
chapter  we  shall  consider  those  phases  of  the  subject  of 
law  which  are  of  practical  interest  to  the  voter. 

What  a  Law  is ;  the  Different  Kinds  of  Laws.  A  law  is  a 
formal  expression  of  the  will  of  society  in  respect  to  some 
matter  of  social  concern:  it  is  a  rule  of  action  made  by 
government  and  enforced  by  the  sovereign  authority  of  the 
state.  A  rule  of  action  that  cannot  invoke  for  its  enforce- 
ment the  whole  power  of  the  state  is  not  a  law  in  the  sense 
in  which  the  word  is  here  used. 

A  satisfactory  classification  of  the  thousands  of  laws  that 
are  now  in  operation  is  difficult  to  make.  A  lawyer  classi- 
fies laws  in  one  way,  a  political  scientist  in  another.  The 
broadest  classification  of  laws  is  made  when  they  are 
divided  into  puhlic  laivs  and  private  laws.  All  laws  may 
be  regarded  as  defining  and  protecting  the  rights  of  per- 
sons, and  persons  may  be  regarded  as  either  public  or 
private.     By  a  "public  person"  is  meant  either  the  state 

242 


LAWS  243 

or  a  body  holding  authority  under  it;  by  a  ''private  per- 
son" is  meant  the  individual  citizen.  A  public  law  is  one 
which  regulates  rights  where  one  of  the  persons  concerned 
is  a  public  person,  that  is  to  say,  the  state,  and  a  private 
law  is  one  which  regulates  rights  where  both  of  the  parties 
concerned  are  private  persons.  "The  punishment,  for  in- 
stance, of  a  traitor  is  a  matter  of  public  law.  The  right 
violated  by  him  is  a  public  right,  because  the  person  in 
whom  it  resides  is  the  state.  The  state  has  a  right  not 
to  be  conspired  against.  ...  If,  on  the  other  hand,  a  car- 
rier damages  my  goods,  the  question  raised  is  one  of  pri- 
vate law.  My  right  to  have  my  goods  safely  carried  is  a 
private  right  because  both  the  carrier  and  myself  are  pri- 
vate individuals. ' '  ^ 

Another  useful  classification  of  American  laws  may  be 
made  by  considering  their  origin  and  grouping  them  ac- 
cording to  the  sources  from  which  they  have  emanated. 
Such  a  classification  gives  us  the  following  groups  of 
laws. 

1.  Constitutions,  (federal  and  State). 

2.  Initiative  and  Referendum  Laws.  These  originate  with 
the  people  and  are  a  direct  expression  of  the  people 's  will. 

3.  Statutory  Laws.  These  are  the  laws  that  have  been 
formally  passed  and  promulgated  by  a  legislative  body. 
They  include  the  treaties  made  by  the  United  States,  the 
statutes  of  Congress  and  of  the  State  legislatures,  the 
ordinances  of  municipal  councils  and  the  by-laws  of  toA\Ta- 
meetings.  There  must  be  placed  in  this  class  also  those 
laws  of  the  colonial  assemblies,  and  of  the  British  Parlia- 
ment that  were  in  force  in  the  colonies  at  the  time  of  the 
Revolution  and  that  have  never  been  repealed. 

4.  The  Common  Law.  A  fourth  class  of  laws  consists 
of  a  set  of  rules  and  principles  which  have  not  been  pro- 
mulgated by  a  legislature,  but  which  have  grown  out  of 
custom  and  usage  and  have  been  gathered  from  judicial 
decisions  (p.  181)  and  from  the  opinions  of  jurists.     These 

*See  Holland,  "Jurisprudence,"  p.  lOi. 


244  THE  A:MERICAN  GOVERNMENT 

rules  and  principles  constitute  the  common  law.  Consti- 
tutional laws  and  statutory  laws  are  written,  but  the  com- 
mon law  may  be  said  to  be  unwritten,  for  its  rules  are  not 
formulated  in  written  documents.  Most  of  the  rules  of  the 
common  law  have  come  to  us  from  England,  but  custom 
is  making  laws  in  America  all  the  time,  and  when  an 
American  custom  has  hardened  into  a  law  that  law  is  to 
be  classified  as  belonging  to  the  common  law.  The  rules 
of  the  common  law  are  so  fundamental  and  so  important 
that  they  are  often  called  the  "great  body  of  the  law" — 
the  vital  principles  of  all  law. 

Some  of  the  Characteristic  Features  of  Law.  Among  the 
characteristic  features  of  a  law  there  are  several  that  fre- 
quently have  a  practical  bearing  upon  daily  conduct:  (1) 
All  laws  are  equally  binding.  If  a  law  has  originated  from 
a  rightful  source  and  conflicts  with  no  higher  law  it  is 
binding,  whatever  may  be  its  origin.  A  by-law  of  a  town- 
meeting  is  as  relentless  in  its  operations  as  a  law  of  Con- 
gress, and  if  necessary  armies  and  fleets  will  assist  in  its 
enforcement.  (2)  The  law  is  no  respecter  of  persons. 
Everybody,  rich  or  poor,  high  or  low,  who  comes  within 
the  scope  of  the  authority  of  a  law  must  obey  it.  (3)  Ig- 
norance of  the  law  excuses  no  one.  When  a  law  is  passed 
means  are  sometimes  taken  to  give  it  publicity  by  adver- 
tising it  in  newspapers,  but  government  does  not  under- 
take to  inform  everybody  of  every  law  that  is  passed.  It 
is  assumed  that  citizens  are  able  to  learn  what  the  law  is, 
and  the  maxim  is  that  to  be  able  to  know  is  the  same  as 
to  know.  This  rule  sometimes  works  hardships,  but  it  could 
not  safely  be  changed.  (4)  A  law  remains  in  force  until 
it  is  repealed.  ' '  Laws  sometimes  sleep,  but  never  die. ' '  In 
a  case  tried  recently  in  the  District  of  Columbia  the  judge 
recognized  as  binding  a  statute  passed  by  the  British  Parlia- 
ment in  the  reign  of  Richard  II  (1372-1399),  and  decided 
the  case  in  accordance  with  the  ancient  and  almost  forgotten 
statute. 


LAWS  245 

Law-making  and  Public  Opinion.  For  the  regulation  of 
the  varied  interests  and  activities  of  our  busy  and  progres- 
sive life  thousands  of  laws  have  been  made  and  thousands 
more  are  making.  This  production  of  laws  cannot  cease. 
As  a  community  develops  the  laws  must  keep  pace  with 
the  new  conditions.  Steam  has  called  forth  hundreds  of 
laws,  and  electricity  is  constantly  presenting  problems  for 
the  consideration  of  the  law-maker.  Not  only  must  new 
laws  be  made,  but  old  ones  must  be  repealed  or  amended. 
The  ideas  of  men  concerning  right  and  justice  change,  and 
it  is  the  business  of  the  legislature  to  make  the  law  con- 
form to  existing  views.  To  meet  the  demand  for  new  legis- 
lation the  energies  of  our  legislatures,  municipal.  State  and 
federal,  are  taxed  to  the  utmost.  Frequently  more  than 
a  thousand  laws  are  passed  at  a  single  session  of  a  State 
legislature,  and  it  has  been  estimated  that  the  output  of 
Congress  and  of  all  the  State  legislatures  is  more  than  ten 
thousand  laws  every  year. 

In  this  hurly-burly  of  law-making  the  voter  takes  a  part ; 
he  chooses  the  representatives  who  make  the  laws,  and  in 
this  way  is  brought  very  close  to  the  actual  work  of  legis- 
lation. When  considering  a  proposed  law  there  is  one  rule 
the  voter  should  keep  in  mind,  and  that  rule  is  this :  A  law 
should  not  be  enacted  if  public  opinion  is  strong  against  it. 
Public  opinion  is  the  moral  force  which  at  a  given  time 
sways  and  controls  a  community.  This  force  may  be  low 
or  it  may  be  elevated,  but  it  is  always  a  controlling  force. 
In  an  absolute  monarchy,  as  well  as  in  a  republic,  successful 
resistance  to  public  opinion  is  quite  impossible.  If  people 
are  ruled  by  a  despot,  it  is  because  they  desire  to  be  ruled 
in  that  way;  the  despotism  falls  as  soon  as  public  opinion 
is  hurled  against  it.  Laws  as  well  as  other  things  must 
bend  to  this  irresistible  power.  Indeed,  we  may  say  that 
a  good  and  useful  law  should  always  be  enacted  by  public 
opinion  before  it  is  passed  through  the  legislature. 

We  cannot  always  tell  on  which  side  of  the  question 
public  opinion  really  stands,  and  cannot  for  this  reason 


246  THE  AMERICAN  GOVERNMENT 

always  determine  in  advance  whether  a  proposed  law  will 
receive  its  support  or  not.  We  may  not  be  able  to  tell 
what  public  opinion  will  do,  but  there  are  several  things 
we  may  confidently  predict  it  will  not  do: 

(1)  It  will  not  support  laws  that  require  for  their  en- 
forcement a  much  higher  average  of  morality  than  that 
which  already  exists.  A  member  of  a  State  legislature  in- 
troduced a  bill  enacting  the  ten  commandments  and  the 
golden  rule  into  laws.  If  the  people  of  the  State  at  the  time 
were  generally  obeying  the  commandments  and  the  golden 
rule  his  bill  was  not  altogether  absurd,  but  if  they  were 
considerably  below  this  grade  of  morality  his  bill  was  as 
preposterous  as  it  would  have  been  if  it  had  provided  that 
all  men  should  be  happy,  and  that  rivers  should  flow  with 
milk  and  honey.  Legislation  may  punish  law-breakers,  but 
it  cannot  make  men  good. 

(2)  It  will  not  support  laws  that  provide  for  a  wide 
departure  from  present  habits  and  customs.  Men  are 
creatures  of  habit,  they  are  prone  to  act  to-day  as  they 
acted  yesterday;  and  when  a  law  demands  a  sudden  and 
radical  change  in  deeply  rooted  customs  it  does  violence 
to  human  nature.  Englishmen  are  accustomed  to  say  that 
there  is  nothing  which  their  Parliament  cannot  do.  There 
is  doubtless  one  thing  it  cannot  do:  it  cannot  make  the 
people  of  England  abandon  their  clumsy  custom  of  reckon- 
ing money  in  pounds,  shillings  and  pence. 

(3)  It  will  not  support  ideal  schemes  of  government. 
Society  is  a  mixture  of  good  and  evil,  and  while  the  ma- 
jority of  men  in  a  state  are  never  utterly  base,  neither  is 
the  majority  ever  supremely  good.  Laws,  therefore,  which 
are  framed  upon  the  assumption  that  men  are  ideal  crea- 
tures will  not  secure  the  support  of  public  opinion.  Here 
is  where  well-meaning  people  often  err.  They  plan  for  a 
state  in  which  there  is  no  selfishness  or  injustice  or  wrong- 
doing. They  construct  ideal  commonwealths,  apparently 
forgetful  of  the  fact  that  they  themselves  would  not 
be    willing    to    live    for   six   months    under   one    of    their 


LAWS  247 

own  creations.  Many  ideal  commonwealths  have  been 
proposed,  but  no  sane  man  ever  yearned  to  live  in  one 
of  them.  Public  opinion  will  support  laws  that  make 
for  the  betterment  of  social  conditions — it  is  constantly 
doing  this — but  it  will  ruthlessly  shatter  the  fabrications 
of  dreamers. 

(4)  It  will  not  support  arbitrary  or  whimsical  laws. 
Very  often  the  law  has  attempted  to  regulate  things  that 
ought  to  be  left  to  regulate  themselves.  Thus  laws  have 
been  passed  limiting  the  number  of  dishes  to  be  served  at 
a  dinner,  and  prescribing  the  kind  of  jewelry  that  might 
be  worn.  A  Scottish  parliament  was  rash  enough  to  at- 
tempt to  regulate  the  amount  of  money  that  women  should 
spend  for  dress.  Eegulations  of  this  kind  are  called  sump- 
tuary laws.  They  have  nearly  always  failed  to  receive  the 
support  of  public  opinion. 

Obedience  to  Law.  Laws  which  do  not  receive  the  support 
of  public  opinion  are  sure  to  be  violated,  while  the  violators 
go  unpunished.  This  is  the  great  mischief  of  such  laws. 
A  law  is  made  to  be  obeyed.  We  may  not  like  a  law,  we 
may  think  a  law  foolish  or  harsh  or  unjust,  yet  as  long 
as  it  is  a  law  we  should  obey  it.  To  obey  a  bad  law  might 
work  some  temporary  inconveniences,  but  these  would  not 
be  so  regrettable  as  would  be  the  habit  of  violating  the  law 
with  impunity.  Obedience  to  the  law  is  an  essential  fea- 
ture of  good  citizenship  under  any  form  of  government. 
Especially  is  this  true  in  a  democracy,  where  all  laws  flow 
from  the  people,  and  where  the  citizen  looks  to  law  and  not 
to  a  monarch,  not  to  a  person,  for  the  protection  of  his 
rights.  When  citizens  in  a  democracy  begin  to  lose  their 
respect  and  reverence  for  the  law  and  to  disregard  its  com- 
mands they  are  preparing  a  way  for  anarchy,  and  anarchy 
leads  to  despotism.  Society  can  exist  only  where  the  laws 
are  obeyed,  and  it  is  sure  society  must  and  will  exist.  If 
the  people  will  not  obey  their  own  laws  the  tyrant  will 
come  forward  and  impose  his  laws  upon  them  and  compel 


248  THE  AMERICAN  GOVERNMENT 

obedience.     The  man  on  horseback,  the  man  of  blood  and 
iron,  is  better  than  social  chaos. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  a  law?    Define  private  law;  'public  law. 

2.  Classify  the  laws  with  respect  to  the  sources  from  which  they 
have  emanated.     What  is  the  common  law? 

3.  What  are  the  several  characteristic  features  of  a  law? 

4.  What  connection  is  there  between  voting  and  law-making? 

5.  Defixie  "public  opinion." 

6.  Name  the  kinds  of  laws  public  opinion  is  not  likely  to  support. 

7.  What  would  be  the  result  of  a  general  disregard  of  the  laws? 

SUGaESTIVE  QUESTIONS  AND  EXEECISES 

1.  Name  some  new  inventions  which  wiU  be  likely  to  call  forth  new 
laws. 

2.  "A  law  passed  to-day  ought  not  to  bind  future  generations.  A 
law  ought  to  repeal  itself  after  it  has  been  in  force  for  twenty-five 
years."  What  would  be  the  disadvantages  of  Limiting  the  binding 
force  of  all  laws  to  a  brief  period? 

3.  Would  you  vote  for  a  law  which  provided  that  no  child  under 
twelve  years  of  age  should  appear  on  the  streets  alone  after  nine  o  'clock 
in  the  evening?  for  a  law  which  forbade  ladies  to  wear  the  feathers  of 
birds  in  their  hats?  for  a  law  which  forbade  boys  to  smoke  cigarettes? 
for  a  law  which  forbade  girls  to  chew  gum?  for  a  law  which  compelled 
streetcar  companies  to  furnish  seats  to  all  passengers?  for  a  law  which 
forbade  the  ringing  of  church  bells?  for  a  law  which  provided  that 
pupils  should  always  know  their  lessons?  Give  reasons  for  each  of 
your  answers. 

4.  ' '  The  best  way  to  get  a  bad  law  repealed  is  to  enforce  it. ' '  Is 
it  better  for  judges  to  enforce  a  bad  law  and  thus  hasten  its  formal 
repeal  by  a  legislature  or  to  allow  violators  of  it  to  go  unpunished? 

5.  Name  a  few  of  the  social  and  intellectual  forces  which  go  to  make 
up  public  opinion. 

6.  What  will  be  the  course  of  a  true  statesman  who  finds  that  his 
opinion  does  not  agree  with  public  opinion? 

7.  Define  statute,  by-law,  ordinance,  constitution. 

8.  Watch  the  proceedings  of  the  State  legislature  and  of  Congress 
and  report  important  legislation.  (Your  representative  in  Congress 
will  furnish  you  with  the  "Congressional  Eecord. ") 

9.  Does  the  constitution  of  this  State  say  anything  about  the  com- 
mon law? 

Topic  for  Special  WorTc. — How  Public  Opinion  Rules  in  America: 
2,  486^98. 


XXXIII 
DEFENSE 

Defense  an  Indispensable  Function  of  Government.     A 

nation  must  provide  a  defense  against  public  foes.  Here 
is  a  function  of  government  that  is  indispensable.  Every 
nation  has  its  enemies,  external  and  internal.  A  foreign 
power  impelled  by  avarice  or  ambition  or  revenge  or  envy 
may  wage  war  upon  us,  or  a  lawless  element  at  home  may 
threaten  the  security  of  life  and  property.  The  princi- 
ple of  self-preservation  requires  that  a  nation  be  prepared 
to  resist  the  attacks  of  both  these  classes  of  foes,  and  self- 
respect  demands  that  resistance  be  actually  offered  when 
offense  is  given.  The  doctrine  that  we  should  passively  fold 
our  arms  and  not  resist  an  attack  upon  our  persons  or 
an  invasion  of  our  country  is  contrary  to  the  teachings  of 
experience  and  to  the  facts  of  human  nature.  Haste  the 
day  when  war  and  lawlessness  shall  cease,  but  until  they 
shall  cease  nations  must  be  prepared  to  meet  force  with 
force. 

National  Defense.  The  defense  of  a  nation  is  complete 
when  it  can  hurl  its  entire  strength  against  an  enemy.  In 
order  to  secure  the  strength  which  comes  from  unity  and 
harmony  the  Constitution  gives  to  the  federal  government 
the  power  of  raising  and  supporting  armies  and  navies 
(56,  57),  and  of  making  rules  for  their  control  (58).  A 
State  may  not  engage  in  war  with  a  foreign  power,  except 
in  case  of  actual  invasion  (77).  The  responsibility  of  de- 
claring war  rests  with  Congress  (55).    In' giving  to  Con- 

249 


250  THE  AMERICAN  GOVERNMENT 

gress  the  power  to  declare  war  instead  of  vesting  the 
power  with  the  President,  the  framers  departed  from  the 
usual  practice  of  governments.  The  declaration  of  war 
hitherto  had  been  a  prerogative  of  the  executive,  but  the 
members  of  the  Convention  of  1787  were  not  disposed  to 
make  the  executive  strong  at  the  expense  of  the  legislature. 

The  instruments  of  national  defense  are  the  army  and 
na\y. 

I,  The  Army.  The  Department  of  War  and  the  office 
of  the  Secretary  of  War  were  created  by  an  act  of  Con- 
gress in  1789.  The  regular  army  established  by  the  new 
government  consisted  of  only  a  few  thousand  men — a  force 
just  sufficient  to  keep  the  Indians  in  order.  The  policy 
of  maintaining  a  small  standing  army,  inaugurated  in  the 
beginning  of  our  history,  has  been  continued  to  the  pres- 
ent time.^  In  time  of  war  we  have  put  into  the  field  as 
many  as  a  million  of  men,  but  in  times  of  peace  our  army 
has  always  been  small,  ridiculously  small  when  compared 
with  the  standing  armies  of  the  great  powers  of  Europe. 

The  policy  of  supporting  a  regular  army  no  larger  than 
is  consistent  with  national  safety  is  undoubtedly  sound. 
The  army  is  always  under  the  control  of  the  executive 
(92),  and  if  it  were  overwhelmingly  large  it  might  be  used 
— as  in  the  history  of  nations  it  often  has  been  used — to 
crush  out  popular  rights  and  establish  a  tyranny.  More- 
over, a  large  standing  army  is  maintained  at  an  enormous 
cost.  The  army  of  Russia  consists  of  more  than  a  million  of 
men.  These  men  produce  nothing  themselves,  yet  they 
consume  a  large  portion  of  that  which  is  produced  by 
others.  Congress  may  provide  for  a  large  army  or  a  small 
one  as  it  sees  fit,  but  this  provision  cannot  last  longer 
than  two  years  (56).  In  placing  this  limitation  upon  Con- 
gress  the    Constitution   makes   it   impossible    for    a    large 

^  Under  the  Act  of  1901  the  regular  army  of  the  United  States  is  to 
consist  of  not  less  than  57,000  nor  more  than  100,000  soldiers.  The 
regular  army  of  France  is  more  than  500,000;  of  Germany  nearly  600,- 
000;  of  Austria-Hungary  nearly  400,000;  of  Italy  nearly  300,000;  of 
Great  Britain,  250,000. 


DEFENSE  251 

standing  army  to  be  imposed  permanently  upon  the  people 
without  their  consent. 

In  an  emergency,  when  the  regular  army  is  too  small  for 
the  needs  of  the  hour,  the  federal  government  may  call  the 
ndlitia  to  its  assistance.  The  militia  consists  of  practically 
all  the  able-bodied  men  in  the  United  States  between  the 
ages  of  eighteen  and  forty-five.  The  full  strength  of  the 
militia  is  quite  sixteen  million  men,  but  only  a  small  part 
of  it  (about  one  hundred  thousand  men)  is  organized  and 
ready  for  fighting.  For  the  purposes  named  in  the  Con- 
stitution (59)  the  President  calls  the  militia  into  service, 
specifying  the  number  of  militiamen  each  State  is  to  fur- 
nish. If  a  State  should  neglect  to  furnish  its  quota,  the 
required  number  of  men  may  be  enrolled  under  the  au- 
thority of  the  President.  When  in  the  service  of  the  United 
States  the  militia  is  subject  to  the  rules  and  discipline  of 
the  regular  army  (60),  although  the  officers  of  the  militia 
are  appointed  by  State  authority. 

When  troops  additional  to  the  regular  army  are  needed, 
and  when  the  purposes  for  which  they  are  needed  are  not 
such  as  would  under  the  Constitution  justify  the  calling 
out  of  the  militia,  the  President  calls  for  volunteers,  re- 
questing from  each  State  a  number  apportioned  to  its  popu- 
lation. During  the  Civil  War  more  than  half  a  million 
men  responded  to  the  President's  call  for  volunteers,  and 
during  the  war  with  Spain  (1898)  two  hundred  thousand 
men  were  enrolled  as  volunteers.  When  the  militia  is  not 
available,  and  volunteers  cannot  be  obtained,  there  must 
be  a  draft;  the  names  of  those  fit  for  military  service  are 
secured,  and  from  these  the  required  number  is  drawn, 
usually  by  lot. 

The  President  is  officially  Commander-in-chief  of  the 
regular  army  and  of  the  militia  when  it  is  in  the  service 
of  the  United  States  (92).  A  President  has  never  person- 
ally directed  the  movements  of  armies  in  the  field.  The 
real  management  of  a  war  falls  upon  the  Secretary  of  War, 
the  head  of  the  War  Department.     This  officer  has  super- 


252  THE  AMERICAN  GOVERNMENT 

vision  of  the  army  in  times  of  war  as  well  as  in  times  of 
peace.  He  acts  through  the  chief  of  a  staff  of  trained  of- 
ficers who  have  direct  control  of  the  troops.  A  most  im- 
portant duty  of  the  Secretary  of  War  is  to  care  for  the 
material  welfare  of  the  army.  In  this  he  is  assisted  by  the 
quartermaster-general,  who  attends  to  the  clothing  and  the 
transportation  of  troops;  by  the  commissary- general,  who 
supplies  the  food;  by  the  chief  of  ordnance,  who  supplies 
the  arms ;  by  the  surgeon-general,  who  provides  medicine 
and  assistance  for  the  sick  and  wounded;  by  the  adjutant- 
general,  who  conducts  the  correspondence  of  the  War  De- 
partment. 

It  is  estimated  that  ten  per  cent,  of  the  population  and 
wealth  of  the  United  States  is  situated  on  the  sea-coast, 
exposed  to  destruction  by  hostile  naval  forces.  The  de- 
fense of  this  life  and  property  is  the  duty  of  the  War  De- 
partment. The  great  seaports  are  defended  by  land  bat- 
teries, consisting  usually  of  powerful  guns  which  rise  from 
a  pit,  discharge  their  shells,  and  disappear  to  be  reloaded. 
The  waters  in  the  neighborhood  of  a  seaport  may  be  sown 
with  torpedoes  which  may  be  exploded  by  an  electric  spark 
produced  by  an  operator  on  shore.  The  difficulty  of  de- 
fending a  seaport  is  very  great,  for  a  modern  battle-ship 
can  shell  a  city  if  it  is  allowed  to  approach  within  ten  miles 
of  it.  Nevertheless  we  have  along  our  coast  guns  that  can 
hurl  projectiles  the  distance  of  twenty  miles. 

II.  The  Navy.  The  affairs  of  the  navy  were  managed 
by  the  War  Department  until  1798,  when  Congress  estab- 
lished the  Department  of  the  Navy,  and  created  the  office 
of  Secretary  of  the  Navy.  The  President  is  commander- 
in-chief  of  the  navy,  as  he  is  of  the  army,  but  he  delegates 
his  authority  to  the  Secretary  of  the  Navy.  Of  course  the 
actual  fighting  is  done  by  trained  seamen. 

Although  the  people  of  the  United  States  do  not  distrust 
a  powerful  navy  as  they  do  a  large  standing  army,  never- 
theless it  is  only  in  recent  years  that  systematic  efforts 
have  been  put  forth  to  build  up  a  strong  navy.     About 


DEFENSE  253 

thirty-five  years  ago  Congress  began  the  policy  of  in- 
creasing the  efficiency  of  the  navy  by  adding  to  the  number 
of  fighting  vessels  and  providing  for  a  thorough  training 
of  the  men.  The  war  with  Spain  showed  that  the  efforts 
of  our  statesmen  to  improve  the  navy  have  not  been  in 
vain.  "We  have  a  navy  upon  which  we  may  rely.  Our 
ships  have  endurance  and  speed,  and  our  guns  fire  quick 
and  straight.  In  its  fighting  strength  our  navy  ranks 
second  among  the  navies  of  the  world. 

State  Defense.  For  the  defense  of  life  and  property  within 
its  borders  the  State  relies  upon  its  citizen  soldiers,  its  mili- 
tia. The  right  of  the  State  to  support  a  militia  is  guaranteed 
by  the  Constitution  (134).  In  a  few  States  the  organized 
militia  consists  of  several  hundred  men;  in  most  States  it 
consists  of  several  thousand  men.  In  times  of  war,  as  we 
have  seen,  the  militia  is  under  the  control  of  the  President, 
but  in  times  of  peace  it  is  subject  to  the  orders  of  the 
governor.  When  the  laws  of  the  State  are  resisted  and 
the  local  authorities  are  unable  to  suppress  the  lawlessness, 
the  governor  sends  the  militia  to  the  assistance  of  the  local 
forces.  If  the  militia  is  unable  to  suppress  the  law-break- 
ers, the  State  legislature,  or  the  governor,  may  make  ap- 
plication for  aid  to  the  President  (121),  who,  if  the  case 
seems  to  warrant  it,  will  send  troops  of  the  regular  army 
to  the  scene  of  disorder.  If  the  lawlessness  interferes  with 
the  operation  of  the  federal  government,  as  with  the  carry- 
ing of  its  mails,  or  if  it  obstructs  interstate  commerce, 
the  President  may  send  federal  troops  and  suppress  the  law- 
breakers without  waiting  for  an  application  from  the  State 
authorities. 

Local  Defense.  Besides  the  militia  there  are  two  other 
upholders  of  law  and  order  within  the  State.  These  are 
the  sheriff  and  his  posse,  and  the  local  police  force.  The 
posse  (posse  comitatiis,  the  county  force)  consists  of  all 
the  able-bodied  men  in  a  county  (or  city).  These  the 
sheriff  may  call  to  his  aid  at  any  time  to  suppress  violence, 


254  THE  AMERICAN  GOVERNMENT 

although  men  who  have  not  been  drilled  and  disciplined 
are  not  likely  to  render  efficient  service.  The  local  police- 
men and  constables,  of  whom  there  are  more  than  one  hun- 
dred thousand  in  the  United  States,  are  the  every-day 
guardians  of  the  public  peace.  They  are  "the  eyes  and 
ears  as  well  as  the  hands  of  the  body  politic;  not  only  the 
means  of  governmental  apprehension,  but  of  discovery;  the 
agents  of  prevention  as  well  as  of  cure." 

Civil  Government  and  Martial  Law.  It  should  be  noticed 
that  in  the  United  States  those  who  wield  the  sword  are 
under  the  control  of  civil  officers.  The  general  obeys  the 
President,  the  officers  of  the  militia  take  their  orders  from 
the  governor,  the  police  are  controlled  by  a  board  of  civil- 
ians. This  subordination  of  the  military  to  the  civil  power 
accords  strictly  with  American  notions  of  government.  We 
have  no  place  in  our  system  for  martial  law — law  which 
is  administered  by  soldiers,  and  which  is  at  variance  with 
the  principles  of  civil  liberty.  By  suspending  the  writ  of 
habeas  corpus  citizens  may  be  temporarily  deprived  of  their 
civil  rights  and  placed  under  martial  law,  but  this  can 
be  done  only  in  the  name  of  the  public  safety  (64).  A 
State  cannot  maintain  armed  troops  in  time  of  peace  and 
thus  threaten  the  permanency  of  civil  rights  (76).  Neither 
can  the  federal  government  in  times  of  peace  harass  the 
people  by  quartering  soldiers  in  the  homes  of  citizens  with- 
out their  consent  (135),  and  even  in  times  of  war  such 
quartering  must  be  done  under  the  authority  of  civil  and 
not  under  the  authority  of  military  law.  Thus,  while  we 
make  ample  provision  for  the  defense  of  the  nation  and 
the  State,  we  have  taken  every  precaution  to  prevent  the 
instruments  of  defense  from  themselves  becoming  a  menace 
to  civil  government  and  to  civil  liberty. 

QUESTIONS  ON  THE  TEXT 

1.  What  causes  compel  a  nation  to  provide  a  defense  against  pos- 
sible foes? 


DEFENSE  255 

2.  What  military  powers  does  the  Constitution  give  to  Congress*? 

3.  What  has  been  the  policy  of  the  United  States  in  reference  to  a 
standing  armyl  What  are  the  disadvantages  of  a  large  standing 
army? 

4.  What  does  the  Constitution  provide  in  reference  to  the  militia! 

5.  Wliat  are  volunteers'?     What  is  a  draft? 

6.  Name  the  principal  officers  who  conduct  a  war  and  state  their 
duties.    How  is  the  sea-coast  defended? 

7.  What  has  been  the  policy  of  the  United  States  in  reference  to  its 
navy? 

8.  Describe  the  militia  system  of  a  State. 

9.  Wliat  is  a  posse  comitatus?  What  are  the  functions  of  the 
local  police? 

10.  Explain  how  the  military  is  kept  subordinate  to  the  civil  author- 
ity of  the  United  States. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  What  have  been  the  most  fruitful  causes  of  war  in  the  past? 

2.  In  which  century  in  the  history  of  the  world  have  the  greatest 
wars  occurred? 

3.  Name  five  great  military  heroes.  Should  the  incomparable  honor 
which  is  accorded  to  military  heroes  be  set  down  as  one  of  the  causes 
of  war? 

4.  What  does  the  United  States  spend  each  year  upon  its  army  and 
navy?  What  is  this  State's  share  of  this  amount?  Compare  this  with 
the  amount  spent  by  the  State  for  its  public  schools. 

5.  Why  should  Iowa  as  well  as  New  Jersey  contribute  to  the  sup- 
port of  the  navy? 

6.  Name  a  war  which  has  been  a  blessing  to  mankind.     Explain. 

7.  What  is  said  in  the  constitution  of  this  State  in  reference  to  a 
militia?  In  reference  to  the  subordination  of  the  military  to  the  civil 
power? 

8.  Of  how  many  men  does  the  entire  militia  of  this  State  consist? 
Of  how  many  does  the  organized  militia  consist? 

9.  What  services  has  the  militia  of  this  State  rendered  in  recent 
years? 

10.  Which  could  we  more  safely  dispense  with,  school-houses  or  bat- 
tle-ships?   Could  we  have  one  without  the  other? 

11.  Contrast  the  evils  attending  war  with  its  beneficent  features. 

12.  Do  you  sincerely  wish  that  there  will  never  be  another  war? 
What  things  can  you  as  an  individual  do  to  help  the  cause  of  peace? 

Topics  for  Special  Worl:—The  Problem  of  War:  4,  232-247.  War: 
8,  266-279.  The  Department  of  War:  16,  133-151.  The  Department 
of  the  Navy:    16,  152-164. 


XXXIV 

INTERNATIONAL    RELATIONS 

International  Affairs  Regulated  by  the  Federal  Govern- 
ment. The  management  of  international  affairs  is  a  ser- 
vice of  the  highest  importance,  and  the  power  to  direct 
foreign  relations  is  a  sovereign  power.  In  the  United 
States  all  power  in  respect  to  matters  of  an  international 
character  is  lodged  in  the  federal  government,  the  organ 
of  our  national  sovereignty.  International  affairs  have 
never  been  regulated  by  the  State.  Under  the  Articles  of 
Confederation  negotiations  with  foreign  countries  were 
conducted  by  the  Congress;  under  the  Constitution  States 
are  expressly  forbidden  to  enter  into  political  relations 
with  foreign  countries  (72),  and  the  management  of  in- 
ternational affairs  is  given  to  the  President  and  Senate  (95). 

International  Law.  Progressive  nations  have  not  isolated 
themselves  from  other  nations.  Ancient  Egypt  refused  to 
defile  itself  by  contact  with  other  peoples  and  its  civiliza- 
tion soon  perished.  The  Greeks  and  Romans,  on  the  other 
hand,  went  among  strangers,  traded  with  them,  learned 
from  them,  made  leagues  of  friendship  with  them, 
and  thus  developed  a  civilization  which  became  the  in- 
heritance of  all  succeeding  ages.  The  states  of  Europe, 
which  were  built  upon  the  ruins  of  the  Roman  Empire, 
could  not  live  wholly  to  themselves.  In  spiritual  matters 
they  were  one;  their  universities  were  places  whither  all 
might  repair,  and  students  from  England  found  their  way 
to  Sale  -no,  and  scholars  from  Italy  wandered  to  Oxford; 

256 


INTERNATIONAL  RELATIONS  257 

their  commerce  caused  cities  so  far  apart  as  Riga  and 
London  to  unite  for  mutual  protection;  above  all,  their 
incessant  wars  made  a  policy  of  seclusion  impossible. 

Out  of  this  intercourse  between  the  countries  of  Europe 
there  gradually  came  into  existence  a  body  of  rules  which 
states  in  their  dealings  with  each  other  recognized  as  bind- 
ing. In  modern  times  these  rules  have  received  the  name 
of  international  law,^  and  have  been  accepted  as  binding 
by  all  the  civilized  nations  of  the  world.  A  few  of  the 
most  important  of  these  international  rules  are  the  fol- 
lowing : 

(1)  A  state  must  protect  the  aliens  within  its  borders  from  violence 
to  person  and  property. 

(2)  Ambassadors  and  ministers  are  exempt  from  arrest  and  their 
persons  are  sacred.     The  buildings  they  occupy  are  extra-territorial. 

(3)  The  high  seas  must  be  regarded  as  belonging  to  no  nation. 

(4)  The  territory  of  a  maritime  state  must  be  regarded  as  including 
the  sea  to  the  distance  of  three  miles  along  the  coast. 

(5)  A  state  is  sovereign  in  its  own  territory  and  must  be  permitted 
to  manage  its  internal  affairs  in  its  own  way. 

(6)  A  neutral  state  (one  not  engaged  in  war)  must  prohibit  bel- 
ligerent operations  within  its  territory. 

(7)  Property  taken  in  warfare  belongs  to  the  state,  not  to  the  indi- 
vidual captor. 

(8)  A  belligerent  may  station  ships  at  the  ports  of  an  enemy  and 
forbid  the  egress  and  ingress  of  neutral  vessels.     (Blockade.) 

(9)  An  enemy's  goods  upon  a  neutral  vessel  must  be  spared  unless 
the  goods  are  "contraband  of  war." 

(10)  If  possible,  enemies  must  be  taken  prisoners  rather  than  kiUed. 

(11)  Non-combatants  and  private  property  are  privileged. 

(12)  Weapons  causing  needless  pain  are  not  to  be  used. 

The  above  rules  are  not  positive  laws,  for  they  have  not 
emanated  from  a  legislative  source.  They  have  sprung 
from  centuries  of  custom,  from  numerous  agreements  be- 
tween nation  and  nation,  and  from  the  moral  judgment  of 
mankind.     A  rule  of  international  law  does  not  have  the 

^  International  law  may  be  defined  as  the  rules  which  determine  the 
conduct  of  the  general  body  of  civilized  states  in  their  dealings  with 
each  other. — Lawrence. 


258  THE  AMERICAN  GOVERNMENT 

sanction  of  a  state  behind  it,  but  it  has  that  which  is 
stronger :  it  has  the  compelling  power  of  the  public  opinion 
of  the  world.  If  a  state  should  refuse  to  obey  one  of  the 
laws  of  nations  it  would  have  to  face  the  protest  and  in- 
dignation of  the  civilized  globe,  and  if  it  should  be  per- 
sistent in  its  refusal  it  would  be  "thrown  out  of  the  pale 
of  civilized  comity,  just  as  you  and  I  would  be  expelled 
from  the  social  pale  if  we  offended  against  the  unwritten 
law  of  society." 

Ambassadors,  Ministers  and  Consuls.  The  international 
political  affairs  of  a  state  are  conducted  by  its  diplomatic 
representatives,  of  whom  the  ambassador  is  the  highest  in 
rank.  The  ambassador  represents  the  person  of  the  ex- 
ecutive of  the  country  from  which  he  comes,  and  he  receives 
for  this  reason  the  highest  personal  respect  and  considera- 
tion. A  minister,  who  is  next  to  the  ambassador  in  rank, 
represents  the  government  from  which  he  comes,  but  not 
the  personality  of  the  executive.  In  foreign  courts  an 
ambassador,  being  a  personal  representative  of  a  ruler, 
is  admitted  to  an  audience  with  officials  ahead  of  a  min- 
ister. For  a  long  time  a  minister  was  the  highest  diplo- 
matic representative  of  the  United  States,  but  when  it  was 
found  that  under  the  rules  of  precedence  in  favor  of  am- 
bassadors a  minister  of  the  United  States  was  sometimes 
kept  waiting  for  an  official  audience  while  the  ambassador 
of  some  petty  kingdom  was  being  received.  Congress  (in 
1893)  created  the  rank  of  ambassador.  We  now  have  ambas- 
sadors for  Great  Britain,  Germany,  France,  Italy,  Austria, 
Mexico,  Russia,  Brazil,  Japan,  Spain,  Chili,  Argentina  and 
Turkey.  In  other  countries  we  are  represented  by  ministers. 
Ambassadors  and  ministers,  their  property  and  their 
households,  are  exempt  from  the  laws  of  the  country  to 
which  they  are  accredited.  The  residence  of  a  foreign 
minister  is,  according  to  international  law,  a  little  patch 
of  territory  under  the  dominion  of  the  country  which 
the  minister  represents.    If  the  Chinese  minister  at  Wash- 


INTERNATIONAL  RELATIONS  259 

ington  should  commit  a  crime,  Chinese  and  not  American 
authorities  must  try  the  case  and  administer  the  punish- 
ment. If  a  case  should  arise  where  a  judicial  decision 
affecting  diplomatic  agents  is  necessary,  it  must  be  taken 
direct  to  the  Supreme  Court,  no  matter  how  trivial  it  may 
be  (110). 

The  duties  of  a  diplomatic  representative  depend  upon 
the  powers  which  his  government  has  conferred  upon  him 
and  upon  the  relations  which  exist  between  his  govern- 
ment and  the  one  to  which  he  is  sent.  In  general,  he  rep- 
resents and  defends  the  interests  of  his  country.  He  keeps 
the  home  government  informed  upon  topics  of  public  in- 
terest, especially  upon  political  topics,  but  he  must  not  in- 
terfere in  any  way  with  the  politics  of  the  country  where  he 
resides.  When  a  citizen  of  his  own  country  has  been  injured 
by  a  violation  of  a  rule  of  international  law  he  seeks  a  rem- 
edy from  a  foreign  government,  and  when  a  treaty  is  made 
he  usually  serves  as  the  channel  of  negotiation. 

A  consul  is  a  business  agent  of  a  government  sent  to  a 
seaport  or  inland  city  to  look  after  the  welfare  of  citizens 
of  his  own  country.  He  does  not  represent  a  government, 
he  is  not  a  diplomatic  agent,  and  he  does  not  enjoy  the 
honors  and  immunities  of  a  minister.  Sometimes  a  consul- 
general  is  appointed  to  supervise  all  the  consuls  in  the  coun- 
try to  which  he  is  sent. 

The  first  duty  of  the  consul  is  to  aid  his  countrymen  in 
securing  their  commercial  rights.  Among  his  other  duties 
are  the  following:  He  places  the  consular  seal  upon  official 
acts  of  the  foreign  government;  he  certifies  to  marriages, 
births  and  deaths  among  his  countrymen  in  his  consular 
district;  he  certifies  invoices;  he  administers  on  the  per- 
sonal property  of  deceased  persons  when  there  is  no  repre- 
sentative at  hand.  The  consul  receives  applications  for 
passports,  and,  when  specifically  authorized  to  do  so,  grants 
them.  He  also  grants  passports  in  the  absence  of  the  regular 
diplomatic  representatives. 

In   the   United   States,    ambassadors,    ministers,    consuls 


260  THE  AMERICAN  GOVERNMENT 

and  other  representatives  in  foreign  countries  are  ap- 
pointed by  the  President  and  confirmed  by  the  Senate 
(96).  When  the  President  concludes  that  a  diplomatic 
agent  of  a  certain  rank  should  be  sent  to  a  country  he 
may  appoint  one,  even  though  Congress  has  made  no  pro- 
vision for  such  an  official.  The  President,  however,  can- 
not abuse  his  power  in  this  direction,  for  the  appointment 
must  be  confirmed  by  the  Senate,  and  the  money  for  the 
salary  must  be  appropriated  by  Congress  (69).  Through 
the  Secretary  of  State,  who  stands  at  the  head  of  foreign 
affairs,  the  President  receives  the  ambassadors  and  min- 
isters of  other  countries  upon  their  arrival  in  Washington 
(102).  The  President  may  also  send  a  foreign  minister 
out  of  the  country,  if  his  presence  should  for  any  reason 
be  no  longer  desirable. 

Treaties.  When  two  or  more  states  are  at  war  and  desire 
peace,  or  if  in  times  of  peace  their  commercial  or  mone- 
tary systems  require  adjustment,  or  if  their  boundaries 
need  to  be  defined,  or  if  in  any  way  their  international 
affairs  are  to  be  regulated,  they  may  accomplish  any  of 
these  objects  by  entering  into  a  solemn  compact  or  agree- 
ment called  a  treaty.  A  treaty,  when  made  by  sovereign 
states  and  signed  by  the  proper  diplomatic  agents,  and 
ratified  by  the  governments  of  the  signatory  powers,  be- 
comes the  law  for  all  the  states  entering  into  the  compact. 
A  treaty  concluded  by  the  federal  government  is  the  su- 
preme law  of  the  land  (126),  and  any  State  law  in  conflict 
with  a  treaty  which  is  constitutional  is  null  and  void.  Since 
a  treaty  is  simply  a  law,  Congress  may  repeal  a  treaty  by 
passing  a  law  contrary  to  its  provisions,  or  an  existing 
law  may  be  repealed  by  the  terms  of  a  new  treaty.  A 
treaty  which  is  contrary  to  the  Constitution  is  void. 

If  a  citizen  violates  a  treaty  his  government  will  punish 
him  as  the  violator  of  a  law;  but  suppose  the  state  itself 
should  violate  one  of  its  treaties,  is  there  a  power  to  punish 
the  state?     There  is  no  power  but  the  sword  of  the  ag- 


INTERNATIONAL  RELATIONS  261 

grieved  country.  The  violation  of  treaty  obligation  is  uni- 
versally regarded  as  a  just  cause  of  war.  But  suppose  a 
powerful  state  violates  a  compact  which  it  has  made  with 
a  puny  state?  In  such  a  case  punishment  through  war  is 
out  of  the  question  and  the  weak  state  must  rely  upon 
the  natural  operation  of  the  law  of  nations.  "In  the  eye 
of  international  law  treaties  are  made  to  be  kept,"  and  if 
a  powerful  nation  persistently  and  perversely  breaks  its 
treaties  it  will  incur  the  hostility  of  its  neighbors  and 
sooner  or  later  these  will  combine  and  force  it  to  abide  by 
the  rules  of  international  law. 

The  President,  acting  through  the  Secretary  of  State  and 
diplomatic  agents,  negotiates  treaties  with  foreign  powers. 
After  a  treaty  has  been  framed,  if  it  meets  with  the  ap- 
proval of  the  President,  it  is  sent  to  the  Senate,  where  it 
must  be  ratified  by  a  two-thirds  vote  (95).  If  it  is  success- 
ful in  the  Senate  it  is  sent  to  the  foreign  government  for 
ratification.  When  it  has  been  ratified  by  the  foreign 
power  the  treaty  is  law  for  all  the  states  whose  governments 
have  signed  it. 

Suppose  the  President  and  the  Senate  should  conclude 
a  treaty  which  required  an  outlay  of  money,  would  their 
action  bind  the  House  of  Representatives?  This  question 
arose  in  1794,  when  ninety  thousand  dollars  was  needed 
for  carrying  Jay's  Treaty  into  effect.  The  House  voted 
the  money,  but  passed  a  resolution  declaring  its  right  to 
deliberate  upon  any  regulation  of  a  treaty  which  was 
placed  by  the  Constitution  under  its  control.  Treaties 
requiring  money  for  their  execution  have  been  concluded 
again  and  again,  and  the  House  has  always  made  the  neces- 
sary appropriation.  It  has  never,  however,  acknowledged 
its  obligation  to  do  so. 

Arbitration.  A  treaty  provides  for  the  peaceful  inter- 
course of  two  or  more  nations  in  the  future.  How  shall 
questions  and  disputes  arising  out  of  past  transactions  be 
settled?     One  nation  has  wounded  the  pride  of  another, 


262  THE  AMERICAN  GOVERNMENT 

or  has  trespassed  upon  its  boundaries,  or  damaged  its  com- 
merce, or  maltreated  its  citizens;  how  shall  the  injured 
nations  find  redress  without  declaring  war?  Nations  which 
are  capable  of  a  humane  and  enlightened  policy  may  find 
a  peaceful  exit  from  the  most  exasperating  situations:  they 
may  submit  their  differences  to  a  court  of  arbitration,  just 
as  private  citizens  often  submit  their  differences  to  arbi- 
tration in  order  to  avoid  a  battle  in  the  courts  of  law. 

Nations  wishing  to  settle  a  dispute  by  arbitration  enter 
into  a  preliminary  treaty,  and  agree  upon  a  method  of 
selecting  the  members  of  the  arbitration  board,  appoint 
a  time  and  place  for  the  meeting  of  the  board,  and  define 
precisely  the  question  to  be  settled.  The  arbitrators,  like 
impartial  judges,  listen  to  the  claims  of  the  several  states, 
investigate  and  weigh  the  facts  pertaining  to  the  case, 
and  render  a  decision  in  accordance  with  the  facts  and  the 
principles  of  justice.  When  the  decision  of  a  board  of  ar- 
bitration has  been  fairly  obtained,  all  the  nations  affected 
by  it  are  under  the  most  solemn  obligations  to  acquiesce 
in  it. 

During  the  nineteenth  century  international  disputes 
were  settled  by  arbitration  more  frequently  than  ever  be- 
fore, and  in  the  number  of  cases  submitted  to  arbitration 
the  United  States  led  the  nations  of  the  world.  The  in- 
creasing success  of  arbitration,  and  the  expressed  desire 
of  many  of  the  great  powers  to  adopt  it  as  a  substitute  for 
war,  have  encouraged  lovers  of  peace  to  look  forward  to 
a  time  when  the  countries  of  the  earth  shall  agree  to  sub- 
mit all  differences  to  a  permanent  board  of  international 
arbitration.  If  such  a  tribunal  shall  be  constituted  and  its 
decisions  obeyed,  peace  may  be  permanent  and  much  of  the 
money  and  talents  and  energy  that  are  devoted  to  the  sup- 
port of  war  will  be  devoted  to  commerce  and  industry. 


INTERNATIONAL  RELATIONS  263 


QUESTIONS  ON  THE  TEXT 

1.  Where  is  power  in  respect  to  foreign  affairs  lodged?  Define  in- 
ternational law.  Name  five  of  the  most  important  of  the  laws  of  na- 
tions?    How  are  the  laws  of  nations  enforced? 

2.  What  is  the  difference  between  an  ambassador  and  a  minister? 
What  is  the  legal  position  of  an  ambassador  resident  in  a  foreign 
country? 

3.  What  are  the  duties  of  an  ambassador  or  minister? 

4.  What  is  a  consul?  a  consul-general?  What  are  the  duties  of  a 
consul? 

5.  How  do  the  diplomatic  representatives  of  the  United  States  re- 
ceive their  positions? 

6.  What  is  a  treaty?  How  are  treaties  made?  How  are  they  en- 
forced? 

7.  What  is  the  attitude  of  Congress  respecting  treaties  which  call  for 
the  outlay  of  money? 

8.  What  are  the  duties  of  a  court  of  arbitration?  What  has  been 
the  example  of  the  United  States  in  respect  to  arbitration? 

9.  How  may  the  permanent  peace  of  the  world  be  secured? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Name  some  of  the  great  men  who  have  represented  this  country 
at  foreign  courts.  Who  is  our  ambassador  to  Great  Britain?  to  Ger- 
many? to  France? 

2.  What  is  a  charge  d'affaires?  an  envoy  extraordinary? 

3.  Name  the  most  celebrated  treaties  which  the  government  of  this 
country  has  entered  into  and  state  the  leading  terms  of  each.  By  what 
treaty  has  this  country  profited  most? 

4.  What  is  the  difference  between  a  "convention"  and  a  treaty? 

5.  Of  the  international  rules  mentioned  in  the  text  state  one  (if 
there  is  such  a  one)  which  is  contrary  to  justice;  one  which  is  con- 
trary to  the  interests  of  mankind;  one  which  is  contrary  to  natural 
law. 

6.  Upon  what  occasion  and  for  what  causes  have  ministers  of  for- 
eign countries  been  requested  to  leave  the  United  States? 

7.  Name  the  principal  questions  which  the  United  States  have  sub- 
mitted to  arbitration.     Give  an  account  of  the  Alabama  claims. 

8.  Could  the  decisions  of  a  permanent  international  court  of  arbi- 
tration be  enforced  if  all  the  nations  should  disarm? 

9.  What  was  the  object  of  the  Hague  conference?  What  did  that 
conference  accomplish?  For  answers  to  these  questions,  see  Eeport  of 
the  Hague  Peace  Meeting. 

10.  What  influences  are  now  at  work  tending  to  bring  about  universal 
peace?     What  influences  are  at  work  tending  to  destroy  peace? 

11.  Give  an  account  of  the  "Monroe  Doctrine."    - 


264  THE  AMERICAN  GOVERNMENT 

12.  A  secretary  of  the  British  ambassador  was  arrested,  brought  be- 
fore the  judge  of  a  New  England  town  court,  and  fined  for  running 
an  automobile  too  fast:  Did  the  judge  have  the  right  to  impose  the 
fine? 

13.  What  is  the  difference  between  arbitration  and  mediation,  as 
these  terms  are  used  in  the  settlement  of  international  disputes? 

14.  The  Peace  Movement. — In  recent  years  nations  in  their  dealings 
with  each  other  have  been  animated  in  an  unusual  degree  by  a  peaceful 
spirit,  with  the  result  that  powerful  agencies  for  the  promotion  of  peace 
have  been  established.  In  ]899,  the  Hague  Tribunal  was  established 
as  a  permanent  court  of  arbitration  for  the  settlement  of  disputes 
without  recourse  to  war.  When  a  case  comes  before  the  court  for  set- 
tlement each  party  (state)  to  the  controversy  chooses  two  arbitrators 
and  these  choose  a  fifth  member  known  as  the  umpire.  Nearly  all  the 
important  nations  are  represented  in  the  tribunal  and  each  member 
(nation)  agrees  to  submit  its  disputes  to  the  court  except  in  cases 
involving  national  honor  or  vital  interests. 

A  most  effective  propaganda  for  maintaining  peace  among  the  na- 
tions of  the  world  is  maintained  by  the  Carnegie  Endowment  for  In- 
ternational Peace,  an  institution  endowed  with  $10,000,000  for  the 
purpose  of  establishing  among  nations  a  better  understanding  of  inter- 
national rights  and  duties  and  encouraging  a  general  acceptance  of 
peaceful  methods  of   settling  international  disputes. 

The  United  States  assists  heartily  in  the  peace  movement.  In  1914 
the  federal  government  entered  upon  a  policy  of  averting  war  by  nego- 
tiating with  nations  treaties  designed  to  assure  a  period  of  investi- 
gation and  inquiry  into  the  nature  of  disputes  before  the  outbreak  of 
hostilities.  In  these  treaties  the  high  contracting  parties  agree  that 
all  disputes  between  them  of  every  nature  whatsoever  which  diplomacy 
shall  fail  to  adjust  shall  be  submitted  for  investigation  and  report  to 
an  international  commission  and  they  agree  not  to  declare  war  or 
begin  hostilities  during  such  investigation  and  report.  Each  of  the 
two  countries  names  one  member  from  among  its  own  citizens  and  one 
from  an  outside  country.  A  fifth  member  is  chosen  by  the  two  govern- 
ments by  common  agreement.  An  investigation  by  the  commission 
may  occupy  an  entire  year,  but  no  longer  time,  unless  the  two  govern- 
ments agree  to  extend  the  period.  The  two  governments  may  deal  as 
they  choose  with  the  report  of  the  commission,  neither  government 
being  bound  in  any  way.  The  chief  advantage  of  a  peace  treaty  of 
this  kind  is  that  it  diminishes  the  danger  of  a  sudden  outbreak  of  war. 

15.  It  has  been  proposed  that  the  nations  of  the  world  establish  for 
themselves  an  international  police  force,  whose  function  shall  be  to  keep 
the  peace  among  nations,  just  as  the  police  force  of  a  city  keeps  the 
peace  among  citizens.     Discuss  this  proposition. 

Topics  for  Special  TV orl:— Treaties:  6,  270-273;  8,  280-292.  The 
Department  of  State:    16,  77-91. 


XXXV 

TAXATION 

Introductory.  We  now  come  to  the  function  of  taxation, 
or  the  orderly  collection  of  revenue  for  the  support  of 
government.  The  science  which  treats  of  public  expendi- 
tures and  of  the  means  of  securing  them  is  called  piiblic 
finance.  Since  under  our  dual  system  of  government  tax- 
ation is  a  concurrent  function  (p.  49)  exercised  with  sov- 
ereign power  by  the  State  as  well  as  by  the  federal  gov- 
ernment, and  since  each  government  determines  its  own 
expenditures,  public  finance  in  the  United  States  is  resolved 
into  two  sharply  defined  systems — national  finance  and  State 
finance. 

An  adequate  study  of  the  taxing  function  requires  the 
consideration  of  the  following  topics:  (1)  Taxation  in  its 
General  Aspects,  (2)  National  Finance,  (3)  State  Finance, 
(4)  Public  Debt,  and  (5)  Problems  of  Taxation.  In  this 
chapter  we  shall  dispose  of  the  first  of  these  topics. 

The  Cost  of  Government.  It  is  plain  that  expenditures 
for  government  in  the  United  States  must  be  very  heavy, 
for  there  are  three  highly  organized  governments  to  be  sup- 
ported: the  federal  government  with  its  army  and  navy 
and  courts  of  law  and  high  officials  and  thousands  upon 
thousands  of  employees;  the  State  governments  with  their 
numerous  departments;  the  local  governments  with  their 
school  system  and  charitable  institutions  and  highway  im- 
provements and  police  and  sanitary  service.  The  federal 
government  spends  about  $800,000,000  a  year.  State  and 
Territorial   government   about   $200,000,000;   local   govern- 

265 


266  THE  AMERICAN  GOVERNMENT 

ment  about  $1,500,000,000,  making  a  total  public  expenditure 
of  $2,500,000,000  a  year.  These  numbers  in  themselves 
mean  nothing — they  are  too  large  for  the  mind  to  grasp — 
but  comparison  enables  us  to  comprehend  their  significance. 
$2,500,000,000  is  about  one  twelfth  of  the  combined  annual 
earnings  of  every  man,  woman  and  child  in  the  United 
States,  The  people,  therefore,  contribute  to  government  in 
a  year  about  as  much  as  they  earn  in  a  month. 

The  Source  of  the  Taxing  Power.  How  does  government 
get  the  revenue  for  its  support?  Which  of  its  departments 
is  vested  with  authority  to  take  money  from  private  citizens 
for  public  purposes?  We  have  seen  that  this  question 
arose  between  King  John  and  his  barons,  and  that  Magna 
Carta  declared  that  no  contributions  for  the  support  of 
government  should  be  made  except  by  the  consent  of  the 
general  council  of  the  realm.  The  same  question  arose  be- 
tween Charles  I  and  Parliament  and  was  settled  by  a  dec- 
laration in  the  Petition  of  Right  to  the  effect  that  the  king 
could  not  take  money  from  his  subjects  without  the  con- 
sent of  the  representatives  of  the  people  in  Parliament. 
One  of  the  greatest  results  of  that  mighty  movement  known 
as  the  French  Revolution,  which  was  also  called  into  being 
by  oppressive  and  arbitrary  taxation  at  the  hands  of  the 
king,  was  to  take  the  taxing  power  from  the  executive  and 
give  it  to  a  representative  legislature.  The  outcome  of  the 
American  Revolution,  which  also  hinged  upon  the  subject 
of  taxation,  confirmed  the  principle  that  in  America  there 
can  be  no  taxation  without  either  the  personal  consent  of 
the  people  or  the  consent  of  their  representatives  in  the 
legislature.  Here  is  the  cardinal  fact  of  taxation:  govern- 
ment must  receive  its  revenue  through  the  consent  of  the 
legislature. 

The  Different  Kinds  of  Taxes.  When  the  legislature  makes 
a  general  call  upon  the  citizens  for  contributions  for  the 
support  of  government,  it  is  said  to  tax  them.     When  the 


TAXATION  267 

levy  or  call  is  properly  made  the  contribution  is  compul- 
sory and  cannot  be  escaped.  A  tax,  therefore,  may  be  de- 
fined as  an  enforced  contribution  of  money  levied  by  the 
legislature  on  persons,  property  or  income,  for  the  support 
of  government.  Property  is  the  thing  universally  taxed. 
If  any  property  escapes  taxation,  it  is  not  as  a  rule  the  fault 
of  the  law,  for  legislators  attempt  to  tax  almost  everything 
upon  which  a  tax  can  possibly  be  laid.  For  the  sake  of 
system  they  divide  property  and  other  subjects  of  taxation 
into  classes  and  name  the  tax  according  to  the  class  upon 
which  it  is  levied.  The  kinds  of  taxes  which  are  usually 
collected  are  the  following: 

1.  The  general  property  tax,  levied  (a)  on  real  property, 
which  includes  lands  and  buildings  and  other  things  erected 
on  land,  and  (&)  on  personal  property,  which  includes  such 
things  as  household  furniture,  money,  goods,  bonds,  notes 
of  promise,  stocks,  mortgages,  jewelry,  horses,  carriages,  and 
farming  implements. 

2.  The  income  tax,  levied  upon  income  from  wages  or 
salary  or  profits  upon  business. 

3.  The  inheritance  tax,  levied  upon  property  acquired 
by  inheritance  or  will.  Sometimes  this  tax  is  regarded  as 
an.  income  tax,  an  inheritance  or  legacy  being  considered 
as  nothing  more  than  a  part  of  the  yearly  income.  In- 
heritance taxes  are  collected  in  three-fourths  of  the  States. 

4.  The  corporation  tax,  levied  upon  private  corporations. 
This  tax  sometimes  takes  the  form  of  an  income  tax  levied 
upon  the  corporation  regarded  as  a  person;  sometimes  it 
is  levied  upon  the  bonds  and  stock  of  the  corporation. 
In  a  few  States  it  is  levied  upon  the  earnings  of  the  cor- 
poration. 

5.  The  franchise  tax,  levied  upon  a  privilege  granted  by 
government.  When  a  city  council  confers  upon  a  corpora- 
tion the  right  to  operate  a  trolley  line  upon  a  certain  street, 
the  right  conferred  is  a  franchise,  and  upon  the  value  of 
this  right  the  franchise  tax  is  laid.  Though  franchises  are 
not  material,  visible  property  they  have  nevertheless  been 


268  THE  AMERICAN  GOVERNMENT 

declared  by  the  Supreme  Court  of  the  United  States  to  be 
property.  Sometimes  franchises  have  an  enormous  value. 
For  example,  while  the  tangible  property,  the  rolling  stock, 
rails,  wires  and  power-houses  of  a  trolley  company  may  be 
worth  only  a  million  dollars,  the  right  to  use  the  street  (the 
franchise)  would  not  be  sold  for  a  sum  several  times  as 
great.  Sometimes  a  corporation  is  compelled  to  pay  both 
a  franchise  tax  and  a  property  tax  on  its  material  posses- 
sions. 

6.  The  poll  or  capitation  tax  is  a  sum  ranging  from  one 
to  four  dollars  levied  as  a  personal  tax.  It  is  a  tax  on  the 
person  as  a  person,  and  not  as  a  possessor  of  property. 

7.  Customs  duties,  levied  upon  articles  imported  from  a 
foreign  country.  In  some  countries  customs  duties  are  lev- 
ied upon  exported  articles. 

8.  Excises  or  internal  revenue  taxes,  levied  upon  goods 
manufactured  within  the  country.  The  articles  which  yield 
most  of  the  internal  revenue  are:  distilled  spirits,  beer,  ale 
and  tobacco.  The  corporation  tax  is  also  regarded  as  an 
excise. 

9.  License  taxes,  collected  from  merchants,  peddlers, 
hack-drivers,  showmen,  saloon-keepers,  and  others,  for  the 
privilege  of  transacting  business.  The  license  tax  resem- 
bles the  franchise  tax. 

10.  Fees  and  special  assessments,  collected  as  a  partial 
payment  for  services  rendered  by  the  government.  The 
charge  for  issuing  a  marriage  certificate  is  an  example  of 
a  fee,  while  a  charge  made  for  connecting  a  private  drain 
with  a  public  sewer  is  an  example  of  a  special  assessment. 
Fees  and  special  assessments  are  not  always  taxes  properly 
so  called. 

Direct  and  Indirect  Taxation.  When  a  tax  is  levied  upon 
the  very  person  who  is  likely  to  bear  the  burden,  it  is  said 
to  be  direct.  The  general  property  tax,  the  income  tax,  the 
inheritance   tax,   the   corporation   tax,    the   franchise   tax, 


I 


TAXATION  269 

and  the  capitation  tax  are  direct  taxes.  When  a  person 
pays  one  of  these  taxes  he  cannot  easily  shift  it  to  another : 
the  burden  remains  where  it  is  first  placed.  When  a  tax 
collected  from  one  person  is  transferred  in  whole  or  in  part 
by  that  person  to  another,  it  is  said  to  be  indirect. 

When  an  importer  of  silk  pays  a  customs  duty  of  one 
dollar  on  a  yard  of  silk,  he  expects  to  add  a  dollar  to  the 
price  of  the  silk,  and  thus  transfer  the  tax  to  his  customer. 
When  a  manufacturer  of  cigars  pays  an  excise  tax  of  a 
dollar  on  a  box  of  cigars  he  adds  a  dollar  to  the  price  of 
the  cigars.  The  customs  duties  and  the  internal  revenue 
tax  are  therefore  indirect  taxes.  Many  fees  and  licenses 
may  also  properly  be  classed  with  indirect  taxes. 

We  may  tell  whether  a  tax  is  direct  or  indirect  by  con- 
sidering the  manner  in  which  it  is  levied.  "Direct  taxes 
are  those  levied  on  permanent  and  recurring  occasions, 
and  are  assessed  according  to  some  list  or  roll  of  persons. 
The  taxpayer  is  regarded  as  definitely  and  permanently 
ascript  to  the  treasury.  Indirect  taxes,  on  the  other  hand, 
are  levied  according  to  a  tariff  on  the  occurrence  of  trans- 
actions and  events  which  are  not  properly  ascertainable 
as  regards  particular  persons.  The  amount  of  a  direct  tax 
assessed  in  this  way  is  certain  and  regular,  while  an  indirect 
tax  is  uncertain  and  irregular,  as  regards  individuals." 
{Nicholson.) 

The  Principles  which  should  Govern  in  the  Levying  of 
Taxes.  Four  rules  or  maxims  have  been  laid  down  for  the 
guidance  of  the  law-maker  in  matters  of  taxation.  They 
are  as  follows: 

I.  (Equality).  Citizens  should  contribute  toward  the 
support  of  government  as  nearly  a?  possible  in  proportion 
to  their  respective  abilities. 

II.  (Certainty).  The  tax  which  each  individual  is 
bound  to  pay  ought  to  be  certain  and  not  arbitrary.  The 
time  of  payment,  the  manner  of  payment,  tlie  quantity  to 


270  THE  AMERICAN  GOVERNMENT 

be  paid,  ought  all  to  be  clear  and  plain  to  the  contributor 
and  to  every  other  person. 

III.  (Convenience.)  Every  tax  ought  to  be  levied  at 
the  time  or  in  the  manner  in  which  it  is  most  likely  to  be 
convenient  to  the  contributor  to  pay  it. 

IV.  (Economy.)  Every  tax  ought  to  be  so  contrived 
as  both  to  take  out  and  keep  out  of  the  pockets  of  people 
as  little  as  possible  over  and  above  what  it  brings  into 
the  public  treasury. 

The  above  maxims  were  stated  by  Adam  Smith  (1776), 
and  they  have  acquired  almost  universal  authority.  Legis- 
lators always  keep  them  in  mind,  and  follow  them  with 
more  or  less  fidelity.  Sometimes,  however,  in  order  to  avoid 
the  resentment  or  opposition  of  the  people  they  ignore 
the  maxims  and  follow  the  rule  of  expediency.  In  accord- 
ance with  the  policy  of  a  celebrated  Frenchman  (Colbert), 
they  so  pluck  the  goose  (the  people)  as  to  procure  the  larg- 
est amount  of  feathers  with  the  least  possible  amount  of 
squawking. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  taxation?    What  is  public  finance? 

2.  Give  an  account  of  the  cost  of  Government  in  the  United  States. 

3.  Where  does  the  power  to  tax  reside? 

4.  Name  and  describe  each  of  the  ten  different  kinds  of  taxes. 

5.  What  is  a  direct  tax?  an  indirect  tax?  What  rule  will  assist  in 
distinguishing  between  a  direct  and  an  indirect  tax? 

6.  State  Adam  Smith's  four  maxims  of  taxation. 

7.  What  was  Colbert's  maxim  of  taxation? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Show  that  taxation  played  an  important  part  in  each  of  the  fol- 
lowing events :  (a)  Wat  Tyler 's  Eebellion ;  (&)  The  American  Revolu- 
tion;  (c)  The  French  Revolution. 

2.  Look  about  you  and  see  what  government  does  for  the  people, 
itemize  these  services  and  decide  whether  they  are  worth  the  labor  of 
all  the  people  for  one  month  in  the  year. 

3.  Is  it  just  that  all  citizens  should  pay  taxes?  Do  all  citizens  have 
to  pay  taxes?     (Do  not  be  too  sure  of  your  answer  to  this  question.) 

4.  For  what  do  people  pay  taxes  most  cheerfully? 


TAXATION  271 

5.  Of  the  several  kinds  of  taxes  mentioned  in  the  text  name  the  one 
which  is  easiest  to  collect;  name  the  one  which  is  easiest  to  be  paid; 
name  the  one  which  is  most  objectionable. 

6.  If  government  imposes  an  income  tax,  is  it  right  that  incomes 
below  a  certain  amount  should  escape  the  tax?  If  you  think  a  certain 
amount  should  escape  taxation,  what  amount  would  you  suggest? 

7.  Should  the  expenses  of  a  Fourth  of  July  celebration  be  paid  out 
of  the  public  funds? 

8.  "Suppose  you  own  a  farm  worth  $5,000  and  owe  $4,000  toward 
the  purchase  price;  how  much  are  you  worth?  On  how  much  should 
you  pay  taxes— $1,000,  $5,000,  or  $9,000?" 

9.  State  the  evils  of  parsimony  in  public  expenditures;  the  evils  of 
extravagance.    Which  are  the  more  dangerous?    Eead  Prov.  xi,  24. 

10.  Does  the  constitution  of  this  State  declare  any  general  principle 
in  reference  to  taxation? 

Topics  for  Special  WorTc. — Popular  Taxation:  4,  293-318.  Excises: 
19,  169-181.  Customs  Duties:  19,  182-207.  Municipal  Franchises:  30, 
456-463. 


XXXVI 

NATIONAL  FINANCE 

The  Extent  of  the  Federal  Taxing  Power.  Nowhere  else 
does  the  nature  of  the  relation  between  the  State  and  the 
federal  government  appear  more  clearly  than  in  their  power 
in  reference  to  taxation.  Recognizing  that  revenue  is  the 
life-blood  of  government,  the  framers  of  the  Constitution 
gave  to  Congress  an  almost  unlimited  power  to  tax  (44), 
and  at  the  same  time  reserved  to  the  States  the  power  of 
raising  their  own  revenues  in  their  own  way  in  such 
amounts  and  for  such  purposes  as  they  might  deem  wise 
and  proper.  They  restricted  the  taxing  power  of  Congress 
in  only  three  particulars :  they  provided  ( 1 )  that  duties  and 
excises  must  be  uniform  throughout  the  United  States 
(45)  ;  (2)  that  direct  and  capitation  taxes  must  be  ap- 
portioned among  the  States  according  to  population  (66)  ; 
and  (3)  that  duties  cannot  be  laid  on  articles  exported 
from  any  State  (67).  Except  only  as  it  is  limited  by  these 
three  provisions.  Congress  is  free  to  levy  any  kind  of  tax 
it  may  see  fit  for  any  amount  it  may  desire.  Also,  since  the 
adoption  of  the  Sixteenth  Amendment,  it  may  levy  an  in- 
come tax — a  direct  tax — without  regard  to  population  (160). 

National  Expenditures.  At  the  opening  of  every  regular 
session.  Congress  receives  the  report  and  recommendations 
of  the  Secretary  of  the  Treasury,  containing  detailed  esti- 
mates of  the  sums  necessary  for  the  support  of  the  na- 
tional government.  With  these  estimates  one  may  begin 
the  study  of  national  finance.  They  are  prepared  by  the 
heads  of  the  several  departments,  each  stating  the  amount 

272 


NATIONAL  FINANCE  273 

of  money  which  he  thinks  his  department  will  need  during 
the  next  fiscal  years.^  The  estimates  of  expenditure  for  the 
fiscal  year  1915  will  give  an  idea  of  the  magnitude  of  na- 
tional finance : 

ESTIMATES  OF  EXPENDITUEES  FOE  1915 

Legislative    $     14,841,814 

Executive 632,480 

State  Department  4,972,102 

Treasury  Department 142,444,046 

War  Department 204,215,634 

Navy  Department   147,161,320 

Interior  Department 211,173,338 

Department  of   Agriculture    25,060,532 

Department  of  Commerce 15,319,270 

Department  of  Labor 4,763,490 

Department  of  Justice 10,888,777 

Independent  Offices    3,159,500 

Total   $784,272,303 

Postal  Service  (Payable  from  Postal  Eevenue) 306,953,117 

Grand  Total   ^ $1,091,225,420 

Though  the  Secretary  of  the  Treasury  presents  to  Con- 
gress the  "Book  of  Estimates"  containing  the  details  of 
these  enormous  estimates,  not  a  dollar  of  the  estimates  can 
be  raised  constitutionally  without  the  consent  of  the  Con- 
gress (69).  As  a  matter  of  practice,  the  consideration  of 
the  estimated  expenditures  begins  in  the  House  of  Repre- 
sentatives, where  the  recommendations  found  in  the  Book 
of  Estimates  are  referred  by  the  Speaker  to  the  proper 
committees. 

The  committees  virtually  control  federal  expenditures. 
There  is  no  limitation  upon  their  power  of  appropriation, 
except  that  any  appropriation  for  the  support  of  the  army 
shall  not  be  made  for  more  than  two  years  (56).  They 
take  the  estimates  submitted  by  the  Secretary  of  the  Treas- 
ury and  do  with  them  as  they  please.  Sometimes  they  ac- 
cept them,   sometimes  they  modify  them,   but  often  they 

^  The  fiscal  or  financial  year  begins  .July  1  and  extends 
to  July  1  of  the  following  year. 


274  THE  AMERICAN  GOVERNMENT 

ignore  them  altogether.  It  is  their  function  to  prepare 
bills  providing  for  the  expenses  of  the  government;  and 
in  this  exercise  of  their  duty  they  are  entirely  independent 
of  executive  authority.  Quite  often  they  invite  treasury 
officials  to  assist  them  and  advise  them,  hut  they  are  under 
no  constitutional  obligation  to  do  so.  The  committees  ex- 
press their  judgments  in  reference  to  the  proper  expendi- 
tures in  the  form  of  appropriation  bills.  These,  like  all 
other  bills,  must  run  the  gauntlet  of  legislation.  They  must 
pass  both  houses  and  receive  the  signature  of  the  President. 
When  they  have  received  the  signature  of  the  President 
and  have  become  laws,  the  first  step  in  national  finance  has 
been  taken:  it  has  been  determined  how  much  money  shall 
be  spent  for  the  support  of  the  federal  government. 

Federal  Taxation — (Indirect).  The  second  step  in  na- 
tional finance  is  taken  when  Congress  passes  the  laws  for 
raising  the  money  which  it  has  decided  to  spend.  While 
private  individuals  ordinarily  estimate  their  income  first 
and  then  decide  upon  the  expenditures,  governments  are 
accustomed  to  estimate  their  expenditures  first  and  to  at- 
tend to  the  matter  of  income  afterward.  Bills  for  raising 
national  revenue  must  originate  in  the  House  of  Represen- 
tatives (36),  because  the  House  directly  represents  the 
people.  Post-office  bills  and  bills  relating  to  the  mints  and 
to  the  sale  of  public  lands  may  originate  in  the  Senate, 
and  any  revenue  bill  whatever  may  be  modified  to  almost 
any  extent  in  the  Senate.  The  House  Committee  of  Ways 
and  Means  has  exclusive  control  of  bills  for  raising  revenue. 
Since  this  committee  prepares  the  tax  bill  for  the  nation,  it 
is  justly  regarded  as  the  most  important  committee  in  Con- 
gress. 

In  the  beginning  of  its  history  the  federal  government 
adopted  the  policy  of  raising  its  revenue  by  indirect  tax- 
ation, and  only  in  times  of  war  has  it  departed  from  its 
original  plan.  The  first  Congress  (1789)  established  a 
tariff  (p.  329) — a  law  imposing  customs  duties  on  imports 


NATIONAL  FINANCE  275 

— and  all  succeeding  Congresses  have  followed  its  example. 
Tariff  or  customs  duties  are  collected,  by  government  offi- 
cials, at  ports  of  entry,  from  the  importers  of  foreign  goods. 
The  duties  are  ad  valorem  when  they  are  levied  at  a  certain 
rate  per  cent,  on  the  money  value  of  the  goods  at  the  orig- 
inal place  of  shipment.  They  are  specific  when  levied  on 
articles  according  to  quantity  or  number.  For  example, 
if  the  duty  on  gloves  is  forty  per  cent,  ad  valorem,  a  box 
containing  six  dozen  pairs  of  gloves  worth  fifteen  dollars 
a  dozen  produces  a  tax  of  thirty-six  dollars.  If  the  duty 
on  gloves  is  specific,  at  eight  dollars  per  dozen,  the  box  of 
gloves  in  question  produces  a  tax  of  forty-eight  dollars. 

In  normal  times  the  customs  tax  yields  nearly  half  of  the 
national  revenue,  and  nearly  half  of  the  customs  duties  are 
collected  at  the  port  of  New  York.  The  customs  tax  is  levied 
upon  several  hundred  articles,  but  most  of  the  tariff  rev- 
enues are  collected  from  manufactures  of  wool,  cotton,  silk, 
iron,  copper  and  tin,  and  from  sugar,  fruit,  liquor,  wines, 
cigars,  drugs  and  chemicals  (p.  333).  Among  the  articles 
admitted  free  of  duty  are:  coffee,  tea,  anthracite  coal, 
books  over  twenty  years  old,  dyewoods  and  fertilizers. 

Federal  revenues  not  raised  by  duties  on  foreign  goods 
are  for  the  most  part  derived  from  excises — taxes  on  ar- 
ticles produced  in  the  United  States — from  a  corporation  tax, 
which  is  regarded  as  an  excise,  and  from  an  income  tax.  For 
a  long  time  in  our  history  excises  were  unpopular  and  were 
seldom  levied.  At  the  outbreak  of  the  Civil  War,  however, 
when  large  sums  had  to  be  speedily  raised,  internal  taxes  be- 
came necessary,  and  almost  every  article,  trade  and  profes- 
sion was  taxed.  After  the  war,  the  excise  was  made  much 
lighter.  At  present  only  such  articles  as  alcoholic  liquors, 
tobacco,  cigars,  cigarettes,  snuff,  oleomargarin  and  playing- 
cards  are  subject  to  the  internal  revenue  tax. 

The  Collection  of  Federal  Taxes.  Customs  taxes  are  col- 
lected at  about  one  hundred  and  twenty  ports  of  entry 
by  United  States  treasury  officials  known  as  collectors  of 


276  THE  AMERICAN  GOVERNMENT 

customs.  When  the  customs  for  any  reason  are  not  paid 
the  goods  are  held  in  the  custody  of  the  collector  until  the 
tax  is  forthcoming. 

For  the  purpose  of  collecting  the  internal  revenue  the 
country  is  divided  into  districts.  For  example,  Pennsyl- 
vania is  divided  into  four  internal  revenue  districts,  in 
each  of  which  there  is  a  federal  collector  of  internal  rev- 
enue, assisted  by  a  corps  of  deputies.  The  deputies  visit 
the  distilleries  and  breweries  and  cigar  and  tobacco  manu- 
factories in  the  district  and  bring  all  taxable  goods  under 
the  workings  of  the  law. 

The  federal  government  collects  its  revenue  in  an  eco- 
nomical manner.  The  cost  of  collecting  the  customs  is  only 
about  three  per  cent,  of  the  amount  collected;  while  the 
cost  of  collecting  the  internal  revenue  is  even  less. 

The  method  by  which  the  federal  taxes  are  collected  is 
popular  as  well  as  economical.  Collectors  receive  most  of 
the  taxes  in  factories  and  custom-houses  and  do  not  attract 
the  attention  of  the  public.  If  they  should  come  directly  to 
individuals  to  demand  the  taxes  they  would  doubtless  be 
unwelcome  visitors.  The  direct  collection  yearly  of  forty- 
five  dollars — the  approximate  amount  per  voter  that  is  re- 
quired to  support  the  government — might  seem  to  a  man 
in  Texas  or  in  Maine  to  be  a  very  heavy  tax  for  the  sup- 
port of  the  government  in  Washington,  and  might  be  ac- 
companied by  difficulties. 

Direct  FederaJ  Taxes.  Although  federal  taxation  is  mainly 
indirect,  direct  taxes  may  nevertheless  be  laid.  In  fact, 
the  federal  government  has  upon  five  occasions  (1798,  1813, 
1815,  1816,  1861)  levied  direct  taxes.  Decisions  of  the  Su- 
preme Court  have  determined  that  the  capitation  or  poll- 
tax  and  the  tax  on  land  are  direct  taxes  within  the  meaning 
of  the  Constitution  (66). 

The  workings  of  a  direct  federal  tax  may  be  made  plain 
by  an  illustration.    Suppose  the  federal  government  wishes 


NATIONAL  FINANCE  277 

to  raise  eighty  million  dollars  from  a  land  tax.  It  must 
apportion  this  amount  to  the  several  States  according  to 
their  population.  New  York  with  a  population  of  eight 
millions,  or  one  tenth  of  the  entire  population  of  the  United 
States,  would  pay  one  tenth  of  the  tax,  or  eight  million 
dollars ;  Missouri,  with  a  population  of  four  millions,  would 
pay  one  twentieth,  or  four  million  dollars.  Missouri  would 
therefore  pay  one  half  as  much  as  New  York.  This  would 
not  be  just,  for  the  reason  that  the  total  value  of  the  land 
in  Missouri  is  not  half  the  total  value  of  the  land  in  New 
York.  Because  the  constitutional  provision  no  longer  per- 
mits an  equitable  distribution  of  a  land  tax,  it  is  not  likely 
that  the  federal  government  will  again  resort  to  this  form 
of  taxation. 

When  a  direct  tax  is  laid  by  the  federal  government,  the 
proper  sum  is  apportioned  to  each  State,  which  is  allowed 
to  collect  its  share  in  its  own  way.  If  a  State  should  re- 
fuse to  pay  its  part,  the  federal  government  would  send 
its  collectors  to  distrain  upon  and  sell  the  property  of  such 
taxpayers  as  refused  payment. 

Here  is  seen  the  difference  between  government  under 
the  Constitution  and  under  the  Articles  of  Confederation. 
The  Congress  of  the  Confederation  could  ask  a  State  for 
money,  but  could  do  no  more;  the  federal  government 
under  the  Constitution  can  ask,  and,  if  necessary,  may  sell 
property  to  get  the  money. 

In  1894  Congress  passed  a  law  levying  a  tax  on  incomes; 
but  the  Supreme  Court  of  the  United  States  practically 
nullified  the  law  by  declaring  that  an  income  tax  is  a  direct 
tax  and  must  be  apportioned  among  the  States  according 
to  population.  The  effect  of  this  decision  was  to  restrict  the 
federal  government  to  excises  and  customs  as  the  main  source 
of  revenue.  Inasmuch  as  a  just  and  equitable  direct  tax  was 
not  possible  under  the  Constitution  a  movement  for  an 
amendment  giving  Congress  power  to  tax  incomes  was  be- 
gun, with  the  result  that  in  1913  the  Sixteenth  Amendment 


278  THE  AMERICAN  GOVERNMENT 

was  adopted.  This  gives  Congress  full  power  to  levy  taxes 
on  incomes  from  whatever  source  derived  (160)  and  without 
regard  to  any  enumeration  of  a  census. 

QUESTIONS  ON  THE  TEXT 

1.  What  are  the  powers  of  the  federal  government  and  what  are 
the  powers  of  the  State  in  reference  to  taxation? 

2.  What  three  restrictions  does  the  Constitution  place  upon  the 
taxing  power  of  Congress? 

3.  What  is  the  "Estimate  of  Expenditures"?  Name  some  of  the 
items  in  this  estimate. 

4.  To  what  extent  does  the  executive  department  determine  appro- 
priations? 

5.  In  which  House  do  bills  for  raising  revenue  originate?    Why? 

6.  What  is  a  tariff?  What  is  the  difference  between  ad  valorem 
and  specific  duties? 

7.  What  articles  yield  the  gi-eater  part  of  the  federal  revenue? 
What  articles  are  admitted  free  of  duty? 

8.  What  articles  are  subject  to  the  internal  revenue  tax? 

9.  How  are  the  federal  taxes  collected? 

10.  What  are  the  advantages  of  indirect  taxation  for  federal  pur- 
poses? 

11.  What  kind  of  taxes  are  direct  within  the  meaning  of  the  Con- 
stitution? 

12.  Illustrate  the  workings  of  a  direct  federal  tax. 

13.  How  are  direct  federal  taxes  collected? 

14.  Can  the  federal  government  levy  an  income  tax? 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Estimate  how  much  this  State  contributes  to  the  support  of  the 
federal  government,  assuming  that  it  contributes  according  to  its  popu- 
lation? Is  this  sum  greater  or  less  than  the  amount  raised  for  the 
purposes  of  the  State  government? 

2.  Do  the  people  who  live  at  a  port  of  entry  pay  all  the  taxes  that 
are  collected  at  the  custom-house? 

3.  An  orator  wishing  to  illustrate  the  generosity  and  patriotism  of 
his  people  pointed  out  the  fact  that  three  times  as  much  of  the  internal 
revenue  tax  was  paid  in  his  State  as  in  any  other  State.  Point  out  the 
fallacy  of  the  illustration. 

4.  Collect  all  the  provisions  of  the  Constitution  that  bear  on  the 
subject  of  taxation.  Compare  the  Constitution  with  the  Articles  of 
Confederation  in  respect  to  taxation. 

5.  Which  would  you  prefer  to  pay,  direct  or  indirect  taxes? 

6.  What  is  meant  by  smuggling?  What  articles  are  easily  smug- 
gled?   Should  taxes  on  these  articles  be  Light  or  heavy? 


i 


NATIONAL  FINANCE  279 

7.  Name  the  principal  ports  of  entry  in  the  United  States.    What  is 
done  with  the  money  which  is  collected  at  these  ports? 

8.  How  much  per  voter  does  it  cost  to  support  the  national  govern- 
ment? 

9.  Is  the  money  you  pay  for  a  postage-stamp  a  tax? 

10.  Of  the  articles  which  are  mentioned  in  the  text  as  being  taxed 
are  there  any  which  should  go  on  the  free  list? 

11.  Under  the  Constitution  can  the  Senate  originate  a  bill  to  revise 
the  tariff? 

12.  What  is  the  difference  between  an  appropriation  bill  and  a  reve- 
nue bill? 

13.  The  Federal  Corporation  Tax: — In  1909,  Congress  passed  a 
measure  which  provided  that  "every  corporation,  joint-stock  com- 
pany, and  association  organized  for  profit  and  having  a  capital  stock 
represented  by  shares,  and  every  insurance  company,  shall  be  subject 
to  pay  annually  a  special  excise  tax  equivalent  to  one  per  centum 
upon  their  entire  net  income  over  and  above  $5,000. ' '  It  has  been 
decided  by  the  Supreme  Court  of  the  United  States  that  this  corpor- 
ation tax  is  an  "excise"  and  is  therefore  constitutional  (44).  The 
federal  corporation  tax  yields  an  annual  revenue  of  about  $30,000,000. 

14.  The  Federal  Income  Tax: — In  1913,  Congress,  using  the  power 
granted  by  the  Sixteenth  Amendment  (160),  passed  a  law  imposing  a 
tax  of  one  per  cent,  upon  all  incomes,  exempting  incomes  of  $3000  or 
less  where  the  taxpayer  is  unmarried,  and  those  of  $4000  or  less  where 
the  taxpayer  is  living  in  the  married  relation.  In  addition  to  the 
underlying  or  normal  tax  of  one  per  cent,  there  is  an  additional  surtax 
graduated  as  follows: 

1  per  cent,  surtax  on  income  from  $20,000  to  $50,000. 

2  per  cent,  surtax  on  income  from  $50,000  to  $75,000. 

3  per  cent,  surtax  on  income  from  $75,000  to  $100,000. 

4  per  cent,  surtax  on  income  from  $100,000  to  $250,000. 

5  per  cent,  surtax  on  income  from  $250,000  to  $500,000. 

6  per  cent,  surtax  on  income  from  $500,000  upward. 

Topics  for  Special  WorJc. — Taxation  in  the  United  States:  21, 
550-558.  Customs  Administration :  16,  97-105.  Internal  Eevenue 
Service:    16,  105-112.     Collection  of  the  Eevenue:     30,  448^52. 


XXXVII 

STATE  FINANCE 

The  Taxingf  Power  of  the  State.  In  the  days  of  the  Con- 
federation the  power  of  the  State  to  tax  was  full  and  com- 
plete, but  by  the  adoption  of  the  Constitution  the  taxing 
power  of  the  State  was  to  some  degree  restricted  and 
abridged.  Since  one  of  the  chief  objects  of  the  Constitu- 
tion was  to  secure  easy  trade  relations  between  the  States, 
taxation  on  exports  and  imports  was  prohibited  to  the 
States  and  placed  under  the  control  of  Congress  (74). 
"With  the  view  of  further  protecting  the  freedom  of  com- 
merce, the  Constitution  forbids  any  State  to  levy  without 
the  consent  of  Congress  any  tonnage  duty,  that  is,  any  tax 
on  the  carrying  capacity  of  a  vessel  (76) — a  prohibition 
which  applies  to  all  instruments  of  commerce.  A  State 
cannot  impose  a  tax  on  "tonnage  passing  through,  from 
or  to  a  State  or  foreign  country,  be  it  on  railway,  canal, 
river,  or  otherwise."  Moreover,  since  "the  power  to  tax 
is  the  power  to  destroy,"  a  State  cannot  tax  the  agencies 
by  means  of  which  the  federal  government  is  enabled  to 
exercise  its  functions:  it  cannot  tax  the  bonds  (p.  288)  of 
the  federal  government,  or  its  property,  such  as  its  light- 
houses and  post-office  buildings,  or  the  salaries  of  its  offi- 
cers, or  the  public  money  in  its  treasuries,  or  the  metals 
in  its  mints.  Aside  from  these  restrictions,  the  State  is 
free  to  tax  all  taxable  objects  within  its  borders. 

The  Authority  for  State  Expenditures.  Although  they 
may  differ  somewhat  in  detail,  the  financial  system  of  the 
States  are  quite  uniform  in  their  workings.    Authority  for 

280 


STATE  FINANCE  281 

all  public  expenditures  within  eacli  State  flows  directly  or 
indirectly  from  its  constitution  and  its  legislature.  Ex- 
penses of  the  State  government  are  estimated  and  levied 
directly  by  the  legislature,  and  are  usually  comparatively 
light.  In  some  States  the  constitution  limits  the  amount 
which  can  be  levied  in  one  year. 

The  heavy  expenses  of  local  government  are  met  by  taxa- 
tion imposed  by  the  minor  legislative  bodies,  by  the  munic- 
ipal council  (or  commission)  or  board  of  county  commis- 
sioners— a  legislative  body  as  far  as  taxation  is  concerned — 
or  town-meeting,  or  the  township  supervisors  or  trustees. 
Since  the  greater  part  of  the  sum  paid  for  taxes  is  levied 
by  local  authority  with  the  almost  direct  sanction  of  the 
voters  themselves,  it  can  almost  be  said  that  the  people  are 
not  taxed — for  they  really  tax  themselves. 

Taxation  in  the  State.  It  has  been  seen  that  federal  taxa- 
tion is  a  very  simple  matter.  Congress  determines  the  tariff 
and  excise  rates  and  the  rates  of  the  corporation  tax  and  in- 
come tax,  and  the  Treasury  Department  places  its  collectors 
of  customs  at  the  various  seaports  to  collect  the  duties  on 
foreign  goods  as  they  come  into  the  harbors,  and  sends  its 
collectors  of  internal  revenue  to  individuals  and  to  corpora- 
tions to  collect  the  income  tax  and  the  corporation  tax,  and 
into  the  distilleries  and  tobacco  establishments  to  collect  the 
excises  on  liquors  and  tobacco  as  they  are  manufactured — 
and  that  is  substantially  the  story  of  federal  taxation.  The 
account  of  State  taxation  must  be  somewhat  more  complex, 
for  it  involves  the  consideration  of  more  processes  and  more 
governmental  machinery. 

I.  The  General  Property  Tax.  Wliile  national  taxation 
is  largely  indirect,  State  taxation  is  almost  wholly  direct. 
In  the  State  the  general  property  tax  is  the  great  source 
of  revenue.  This  tax  reaches  all  property,  real  and  per- 
sonal, located  within  the  boundaries  of  the  State.  When 
the  owner  of  property  resides  outside  the  State,  he  does 
not  for  that  reason  escape  taxation. 


282  THE  AMERICAN  GOVERNMENT 

In  the  payment  of  the  general  property  tax  the  taxpayer 
should  bear  a  burden  proportioned  to  his  wealth;  all  the 
property  of  every  person  should  contribute  according  to 
its  true  value.  This,  as  has  been  seen,  is  a  fundamental 
principle  of  taxation.  In  order  to  realize  this  principle 
of  equality  and  justice  when  levying  the  general  property 
tax  the  government  must  set  in  motion  an  elaborate  taxing 
machinery,  and  must  carefully  control  all  the  processes  of 
taxation.  Its  officers  must  discover  all  the  property  of 
every  person,  and  must  place  thereon  a  fair  valuation;  it 
must  provide  agencies  for  correcting  unjust  and  unfair 
valuations;  it  must  have  officers  for  collecting  the  taxes 
and  means  of  enforcing  payment;  finally,  it  must,  in  the 
name  of  public  policy,  exempt  certain  classes  of  property 
from  the  payment  of  taxes. 

An  account  of  the  operation  of  the  general  property  tax 
includes  the  consideration  of  the  following  topics:  (1)  As- 
sessment; (2)  Equalization;  (3)  Collection;  (4)  Delin- 
quencies; (5)  Exemptions. 

1.  Assessments.  The  administration  of  the  general  prop- 
erty tax  begins  with  the  placing  of  a  valuation  upon 
all  property,  real  and  personal.  This  official  valuation  is 
called  an  assessment.  The  officers  of  assessment,  known  as 
assessors,  in  some  States  are  elected  by  the  people ;  in  other 
States  they  receive  their  office  by  appointment. 

The  assessors  of  a  local  division — of  a  city,  or  town,  or 
township  ^ — after  personally  inspecting  the  property  of  the 
taxpayer  and  making  a  series  of  inquiries  in  reference  to 
it,  place  a  value  upon  it.  This  is  done  in  respect  to  the 
property  of  every  taxpayer.  The  sum  of  all  the  valuations 
of  property  thus  made  is  the  assessment  of  the  local  divi- 
sion. The  tax  rate  of  the  local  division  is  found  by  divid- 
ing the  expenditures  determined  upon  by  the  assessment. 
If  the  assessment  is  fifty  million  dollars,  and  the  expenses 
of  the  local  government  are  five  hundred  thousand  dollars, 

^In  some  States  the  county  is  the  smallest  local  division  for  purposes 
of  assessment. 


STATE  FINANCE  283 

the  tax  rate  is  one  hundredth  or  one  per  cent.  Every  tax- 
payer, therefore,  must  pay  local  taxes  amounting  to  one 
per  cent,  of  the  assessed  valuation  of  his  property. 

But  this  local  division,  even  if  it  be  a  large  city,  most 
probably  is  located  in  a  county  ^  in  which  there  are  addi- 
tional expenses  of  county  government.  The  local  division 
must  bear  its  share  of  these  expenses,  and  this  will  increase 
the  rate  of  the  taxpayer.  The  county  rate  is  found  by 
dividing  the  county  expenditures  by  the  county  assessment, 
which  is  the  sum  of  the  assessments  of  all  the  local  divisions 
of  the  county.^  Again,  the  county  as  a  part  of  the  State 
must  contribute  its  share  to  the  support  of  the  general  State 
government.  The  State  rate  ^  is  found  by  dividing  the  State 
expenditures  by  the  State  assessment  (the  sum  of  the  county 
assessments).  This  rate  added  to  the  local  and  county 
rates  gives  the  tax  rate  of  the  local  taxpayer. 

2.  Equalization.  In  levying  the  general  property  tax 
the  individual  assessments  must  be  just.  If  A's  house  is 
assessed  at  one  thousand  dollars,  when  it  is  worth  two 
thousand  dollars,  and  B's  house  is  assessed  at  three  thou- 
sand dollars  when  it  is  worth  two  thousand  dollars,  B 
will  pay  three  times  as  much  in  taxes  as  A,  whereas,  in 
justice,  he  ought  to  pay  only  as  much  as  A.  In  most  of 
the  States  means  are  provided  for  correcting  unfair  assess- 
ments. Very  often  there  is  a  local  board  of  equalization 
to  which  taxpayers  may  appeal  when  they  think  they  have 
not  been  treated  fairly  at  the  hands  of  the  assessors.  Some- 
times such  complaints  are  taken  to  an  appeal  tax  court,  or 
to  the  board  of  county  commissioners.  When  the  board 
of  equalization  or  other  body  to  which  appeal  is  made  finds 

» All  cities  in  the  United  States,  excepting  Baltimore,  St.  Louis,  Wash- 
ington, D.  C,  and  some  cities  in  Virginia,  are  located  in  counties. 

''The  valuation  put  upon  property  in  the  local  assessment  is  usually 
regarded  as  its  proper  valuation  for  purposes  of  county  and  State  taxa- 
tion. 

'In  several  States  there  is  no  general  property  tax  for  State  pur- 
poses, the  revenue  for  the  general  State  government 'being  obtained 
chiefly  from  corporation  taxes  and  from  licenses. 


284  THE  AMERICAN  GOVERNMENT 

that  there  has  been  an  unjust  assessment,  it  will  order  a 
new  one  made. 

Frequently  evils  arise  from  uneven  assessments  among 
localities.  For  example,  in  one  county  the  assessors  may 
place  the  valuation  of  all  property  too  low,  while  in  another 
county  the  property  may  be  assessed  at  its  true  value.  As 
far  as  the  county  tax  is  concerned,  undervaluation,  if  uni- 
form as  among  the  individuals  of  the  county,  works  no 
harm,  but  it  works  harm  in  connection  with  the  State  tax, 
for  the  taxpayers  of  a  county  in  which  there  is  under- 
assessment contribute  less  than  their  just  share  to  the  State 
expenses.  State  boards  of  equalization  have  been  estab- 
lished in  many  States  to  correct  evils  growing  out  of  un- 
even assessments  among  localities.  These  State  boards, 
however,  have  not  in  all  cases  been  able  to  apply  a  remedy 
for  wrongs  occasioned  by  improper  local  assessments. 
Where  all  the  local  divisions  in  the  State  assess  property 
according  to  the  same  principle,  and  assess  it  honestly, 
there  is  no  trouble;  but  where  original  local  assessments 
are  made  in  a  haphazard  manner,  or  with  a  view  to  escape 
just  burdens,  the  whole  taxing  system  of  the  State  is  viti- 
ated, and  a  remedy  is  almost  impossible.  The  goodness 
or  badness  of  the  administration  of  the  general  property 
tax,  therefore,  depend  upon  the  work  of  the  local  assessors. 

3.  Collection.  The  general  property  tax  is  gathered  by 
local  officers.  Usually  tax-collectors  are  elected  or  ap- 
pointed for  the  sole  purpose  of  collecting  taxes,  but  in 
some  States  the  collection  is  made  by  a  constable  or  select- 
man, township  supervisor,  or  other  local  officer.  In  the 
performance  of  his  duties  the  collector  is  guided  solely  by 
the  tax  list  prepared  by  the  assessors.  The  same  collector 
usually  collects  State,  county  and  local  taxes.  When  this 
is  the  case  a  distribution  is  made,  the  local  division,  the 
county  and  the  State  each  receiving  its  proper  share. 

4.  Delinquency.  When  the  taxpayer  fails  to  pay  his  tax- 
bill  promptly  the  property  upon  which  the  tax  is  levied 
is  said  to  be  delinquent,  and  is  liable  to  be  sold  to  satisfy 


I 


STATE  FINANCE  285 

the  claim.  If  the  property  sold  for  taxes  should  bring  more 
than  the  amount  of  the  tax  the  excess  is  given  to  the  owner. 
Moreover,  the  owner  usually  has  the  right  to  buy  back  his 
property  at  the  price  for  which  it  is  sold.  This  right  of 
redemption,  however,  continues  for  only  a  limited  period, 
usually  two  years. 

5.  Exemption.  State  constitutions  almost  always  specify 
the  kinds  of  property  that  may  be  exempt  from  taxation, 
and  the  legislature  is  usually  forbidden  to  exempt  any 
other  kind.  A  clause  from  the  constitution  of  Minnesota 
will  illustrate  the  practice  in  reference  to  exemption :  ' '  Pub- 
lic burying  grounds,  public  school-houses,  public  hospitals, 
academies,  colleges,  universities  and  all  seminaries  of  learn- 
ing, all  churches,  church  property  used  for  religious  pur- 
poses, and  houses  of  worship,  institutions  of  purely  public 
charity,  public  property  used  for  public  purposes,  and  per- 
sonal property  to  an  amount  not  exceeding  in  value  two 
hundred  dollars  for  each  individual,  shall  by  general  laws 
be  exempt  from  taxation."  Many  States  are  careful  to  ex- 
empt household  furniture  to  a  certain  value.  Thus  the 
constitution  of  Texas  provides  that  two  hundred  and  fifty 
dollars'  worth  of  household  and  kitchen  furniture  shall  be 
exempt  from  taxation. 

II.  Miscellaneous  Taxes.  In  the  raising  of  revenues  the 
State  and  the  local  governments  are  by  no  means  confined 
to  the  general  property  tax.  Large  sums  are  realized  from 
fees,  licenses,  and  franchises.  The  opportunity  for  revenue 
in  the  way  of  licenses  is  seen  in  the  following  clause  of 
one  of  the  State  constitutions :  *  *  The  legislature  shall  have 
power  to  tax  peddlers,  auctioneers,  brokers,  bankers,  com- 
mission merchants,  showmen,  jugglers,  innkeepers,  liquor 
dealers,  .  .  .  venders  of  patents,  in  such  manner  as  it  shall 
direct  by  general  law,  uniform  as  to  the  class  upon  which 
it  operates."  The  franchise  tax  levied  upon  the  fran- 
chises (p.  267)  of  railroads  and  other  corporations  is  also 
proving  to  be  a  source  of  much  revenue  in  some  States. 

Incomes  are  taxed  in  a  few  States ;  inheritances  in  many. 


286  THE  AMERICAN  GOVERNMENT 

Poll  or  capitation  taxes  are  very  common,  and  in  some 
States  yield  considerable  revenue.  In  cities  large  sums  are 
collected  as  water  rents,  and  special  assessments  for  the 
payment  (in  whole  or  in  part)  for  street  improvements 
to  abutting  property.  Water  rents  and  special  assessments, 
however,  are  not  in  the  strict  sense  taxes;  they  are  rather 
payments  for  social  services  which  the  government  has 
chosen  to  perform.  Fines  also  add  materially  to  the  public 
funds,  but  they  can  in  no  sense  be  regarded  as  taxes. 

Local  Taxation.  In  matters  of  taxation  cities  and  coun- 
ties and  other  minor  civil  divisions  are  strictly  under  the 
control  of  the  State  government,  and  the  limits  of  their 
power  to  tax  are  usually  defined  by  the  higher  authority. 
In  some  States  the  limitations  are  fixed  by  the  legislature, 
in  others  by  the  constitution.  In  about  one  third  of  the 
States  counties  are  not  allowed  to  tax  beyond  a  certain 
per  cent,  of  the  assessed  valuation  of  property.  Munici- 
palities, in  the  matter  of  taxation,  are  often  restricted  by 
the  terms  of  their  charters.  Taking  the  country  over, 
however,  the  localities  are  quite  free  to  tax  themselves  as 
they  see  fit.  The  most  that  the  legislature  or  the  constitu- 
tion undertakes  to  do  is  to  throw  around  the  local  taxing 
power  such  safeguards  as  will  prevent  bankruptcy. 

QUESTIONS  ON  THE  TEXT 

1.  What  restrictions  are  placed  upon  the  power  of  the  State  to  tax? 
By  what  authority  are  taxes  levied  for  the  support  of  the  State  gov- 
ernment? for  the  support  of  local  government? 

2.  What  is  the  rule  for  levying  the  general  property  tax? 

3.  Explain  the  work  of  assessors.  What  is  the  assessment?  How  is 
the  local  tax  rate  determined?  the  county  rate?  the  State  rate? 

4.  What  is  the  duty  of  the  board  of  equalization? 

5.  What  is  done  with  delinquent  property? 

6.  What  kinds  of  property  are  exempt  from  taxation? 

7.  Name  several  kinds  of  taxes  besides  the  general  property  tax 
which  are  accustomed  to  be  levied  in  the  State. 

8.  What  regulations  are  made  in  respect  to  the  taxing  power  of  lo- 
calities? 


I 


STATE  FINANCE  287 


SUGGESTIVE  QUESTIONS  AND   EXERCISES 

1.  ' '  The  power  to  tax  is  the  power  to  destroy. ' '  Why  would  it  not 
be  wise  for  the  federal  government  to  have  the  power  to  tax  the  prop- 
erty of  the  State  and  the  salaries  of  its  officers? 

2.  What  are  the  general  provisions  of  the  constitution  of  this 
State  in  reference  to  taxation?  What  restrictions  are  placed  upon 
the  taxing  power  of  counties?  of  townships?  of  cities? 

3.  Does  the  right  to  vote  in  this  State  depend  in  any  way  upon  the 
payment  of  any  kind  of  taxes?  Ought  it  to  so  depend?  Do  aU  who 
pay  taxes  in  this  State  have  a  right  to  vote? 

4.  Of  the  several  kinds  of  taxes  mentioned  in  the  text,  which  are 
levied  in  this  State? 

5.  Are  mortgages  taxed  in  this  State?  If  so,  who  pays  this  tax? 
Are  incomes  taxed  in  this  State?     If  so,  who  pays  this  tax? 

6.  What  are  the  several  kinds  of  property  exempt  from  taxation  in 
this  State?     (See  the  constitution.) 

7.  If  you  owed  a  man  a  just  debt  and  saw  an  opportunity  of  es- 
caping payment,  would  you  avail  yourself  of  the  opportunity?  If  you 
owned  property  which  should  pay  taxes  and  saw  an  opportunity  to 
hide  the  property  from  the  assessors  and  thus  escape  the  payment  of 
the  tax,  would  you  avail  yourself  of  the  opportunity? 

8.  If  a  man  should  send  you  a  bill  for  three  dollars  when  you 
knew  you  owed  him  five  dollars,  would  you  call  his  attention  to  the 
mistake?  If  the  assessor  should  assess  your  house  at  $5,000  when  it 
is  worth  $3,000,  what  would  you  do?  If  he  should  assess  it  at  $3,000 
when  it  is  worth  $5,000,  what  would  you  do?  Do  you  believe  men  are 
disposed  to  deal  as  honestly  with  the  government  as  they  are  with 
their  neighbors? 

9.  What  is  the  tax  rate  of  this  municipality?  of  this  county?  of 
this  State? 

10.  Under  what  circumstances  would  there  be  no  grumbling  about 
taxes? 

11.  Is  there  a  State  Tax  Commission  in  this  State?  If  so,  give  an 
account  of  its  organization  and  its  powers. 

Topics  for  Special  Worlc. — Taxation  in  the  States:  21,  559-587. 
State  and  Local  Taxes:  5,  586-592.  State  Supervision  of  Taxation: 
18,  249-255. 


XXXVIII 

PUBLIC  DEBT 

Public  Debt  a  Necessity.  A  most  important  topic  of  public 
finance  is  public  debt.  The  necessity  of  incurring  debt 
in  the  conduct  of  public  affairs  is  perhaps  stronger  than 
it  is  in  the  management  of  private  business.  Governments 
cannot  accumulate  money;  they  must  confine  taxation  to 
such  amounts  as  are  necessary  to  meet  expenses  for  the 
current  year.  At  the  end  of  the  fiscal  year  the  treasury 
is  supposed  to  be  virtually  empty.  This  is  unquestionably 
the  correct  policy.  A  government  is  sorely  tempted  to 
be  extravagant  when  it  has  more  money  on  hand  than  it 
needs.  It  has  been  said  with  some  truth  that  the  way 
to  keep  governments  pure  is  to  keep  them  poor. 

Since  it  cannot  save  for  a  rainy  day,  when  the  rainy 
day  comes,  and  large  sums  of  money  must  be  had  at  once, 
government  must  borrow.  Increased  taxation  cannot  be 
relied  upon  to  supply  the  necessary  revenue.  In  1863  the 
federal  government  used  its  taxing  power  to  the  utmost 
to  raise  the  money  for  the  support  of  its  war  operations 
(p.  275),  yet  it  could  not  collect  by  taxation  one  sixth  of 
what  it  spent  during  the  year.  More  than  five  sixths  of  its 
expenses  had  to  be  met  by  borrowing. 

How  Government  Borrows  Money.  When  a  government 
wishes  to  raise  money  by  borrowing,  it  usually  sells  its 
bonds  to  voluntary  buyers.  A  government  bond  resembles 
a  promissory  note  given  by  an  individual  who  borrows 
money.  In  the  bond  are  stated  the  amount  owed  by  the 
government,  the  date  of  payment,  and  the  rate  of  interest. 

288 


4 


PUBLIC  DEBT  289 

A  bond  may  be  for  a  small  sum  or  for  many  thousands  of 
dollars.  The  amount  received  by  a  government  for  a  bond 
depends  upon  (1)  the  confidence  which  lenders  have  in 
the  government's  ability  to  redeem  the  bond,  that  is,  to  pay 
the  debt,  (2)  the  rate  of  interest  offered,  and  (3)  the  length 
of  time  the  debt  is  to  run.  Sometimes  the  conditions  of 
borrowing  are  so  favorable  that  government  receives  as 
much  as  one  hundred  and  twenty  dollars  for  a  bond  of 
one  hundred  dollars. 

Besides  raising  money  by  issuing  bonds  the  national  gov- 
ernment issued  (in  1862-3)  paper  money  and  declared  this 
"lawful  money  and  a  legal  tender  in  payment  of  all  debts, 
public  and  private,  except  duties  on  imports  and  interest 
on  bonds  and  notes  of  the  United  States. ' '  This  money  was 
printed  by  the  government  and  paid  out  to  its  creditors. 
Those  who  received  it  could  compel  others  to  take  it  in 
payment  of  debts.  This  paper  money  issue  of  1862-3  will 
be  discussed  more  fully  hereafter  (p.  322).  It  is  mentioned 
here  because  it  furnishes  an  illustration  of  a  method  by 
which  government  may  borrow  money.  IMoney  secured  in 
this  way  may  be  regarded  as  a  forced  loan. 

The  National  Debt.  The  Constitution  gives  to  Congress 
unlimited  power  to  borrow  money  (46)  ;  it  imposes  no  re- 
striction as  to  time,  or  amount,  or  security,  or  interest. 
Congress  may  not,  however,  pay  any  debt  incurred  in  aid 
of  rebellion  against  the  United  States  (157).  The  debts 
contracted  by  th^  United  States  under  the  confederation 
were  made  valid  as  against  the  new  government  (125). 
Alexander  Hamilton,  the  first  Secretary  of  the  Treasury, 
and  the  greatest  financier  perhaps  in  our  history,  wished 
to  make  the  credit  of  the  national  government  so  good 
that  no  one  would  ever  hesitate  to  lend  it  money.  He  urged 
Congress  to  pay  not  only  the  regularly  contracted  debt  of 
the  confederation  (foreign  $12,000,000;  domestic,  $42,000,- 
000),  but  also  to  assume  the  war  debt  ($21,000,000)  in- 
curred by  the  States  during  the  War  of  the  Revolution. 


290  THE  AMERICAN  GOVERNMENT 

After  a  long  debate  the  policy  of  assumption  was  adopted, 
and  the  new  government  began  its  career  with  a  debt  of 
about  $75,000,000. 

Hamilton  was  inclined  to  regard  a  public  debt  as  a  source 
of  strength  to  a  government.  By  scattering  the  govern- 
ment's bonds  among  the  people,  he  contended,  you  create  an 
interest  in  its  stability.  Lien  will  always  rally  to  the  support 
of  a  government  which  owes  them  money.  Hamilton's  finan- 
ciering, therefore,  did  not  tend  to  pay  off  the  national  debt 
as  rapidly  as  possible.  When  his  political  rival,  Jefferson, 
who  was  not  deeply  concerned  about  the  strength  of  the 
central  government,  came  into  power,  a  policy  of  paying  off 
the  debt  as  fast  as  possible  was  pursued,  and  its  amount 
steadily  fell  until  the  War  of  1812,  when  it  rose  to  nearly 
$125,000,000.  After  the  War  of  1812  the  policy  of  reducing 
the  debt  continued,  and  by  1836  the  national  debt  was  prac- 
tically extinguished,  and  the  treasury  had  on  hand  about 
$40,000,000  for  which  it  had  no  use.  The  greater  part  of 
this  surplus  was  actually  distributed  among  the  States  ac- 
cording to  population. 

After  1836  the  government  began  again  to  incur  small 
debts,  and  during  the  Mexican  War  it  borrowed  consider- 
able sums.  At  no  time,  however,  did  it  become  very  large 
until  the  outbreak  of  the  Civil  War,  when  it  jumped  from 
less  than  $65,000,000  in  1860  to  more  than  $500,000,000  in 
1862.  After  1862  the  debt  steadily  mounted  until  1866, 
when  it  approached  $3,000,000,000.  Since  1866  it  has  stead- 
ily declined,  and  the  interest-bearing  debt  is  now  (1915) 
about  $1,000,000,000,^  a  sum  which  is  less  than  one  per  cent, 
of  the  total  wealth  of  the  United  States. 

State  Debt.  A  State  must  not  assume  a  debt  incurred  in 
aid  of  insurrection  or  rebellion  against  the  United  States 
(158).     This  is  the  only  federal  restriction  upon  the  State 

^The  public  debt  of  the  German  Empire  in  1913  was  $1,224,000,000; 
of  England,  $3,527,000,000;  of  France,  $6^230,000,000;  of  Eussia, 
$4,650,000,000. 


PUBLIC  DEBT  291 

as  to  its  debts.  The  constitutions  of  most  States,  however, 
forbid  the  unlimited  borrowing  of  money,  although  the  re- 
strictions do  not  extend  to  borrowing  for  purposes  of  pub- 
lic defense.  To  defend  itself  against  invasion,  or  to  sup- 
press insurrections,  the  State  may  borrow  to  an  unlimited 
extent,  upon  the  principle  that  the  public  safety  is  above 
every  other  consideration.  In  most  of  the  States  a  deficit 
can  be  met  by  borrowing,  but  the  constitutions  usually 
specify  how  large  a  deficit  may  be  met  in  this  way.  In 
some  of  the  States  the  amount  that  may  be  borrowed  to 
cover  a  deficit  must  not  exceed  $50,000,  in  others  it  may 
be  as  large  as  $1,000,000.  In  the  constitutions  of  a  number 
of  the  States  it  is  provided  that  money  cannot  be  borrowed 
unless  the  law  authorizing  the  loan  is  first  submitted  to  the 
people  and  their  assent  to  it  secured. 

The  finances  of  the  State  governments  are  in  a  healthy  con- 
dition. Only  in  New  York,  Pennsylvania,  California  and 
Massachusetts  is  the  State  debt  considerable ;  in  some  States 
the  bonded  debt  is  so  small  as  to  be  inappreciable,  this  being 
the  case  in  Illinois,  Iowa,  Michigan,  Ohio,  Nebraska,  South 
Dakota,  Oregon,  Wisconsin,  Washington,  New  Jersey  and 
West  Virginia.  This  praiseworthy  condition  of  afl^airs  is  due 
in  part  to  constitutional  provisions,  in  part  to  the  great  re- 
sources of  the  State  governments,  in  part  to  the  wisdom 
and  self-restraint  of  the  State  legislatures. 

The  Debts  of  Local  Governments.  Restrictions  upon  local 
governments  in  reference  to  borrowing  are  found  in  al- 
most every  State.  If  the  restrictions  do  not  appear  in  the 
constitution,  they  appear  in  the  laws  of  the  legislature 
or  in  the  municipal  charters.  Most  of  the  State  constitu- 
tions fix  the  rate  of  indebtedness  which  the  local  govern- 
ment may  incur.  Frequently  this  rate  is  five  per  cent, 
of  the  total  valuation  of  the  property  within  the  civil 
division  which  borrows  the  money.  Sometimes  before 
money  can  be  borrowed  by  a  local  government  the  ques- 
tion must  be  referred  to  the  people. 


292  THE  AMERICAN  GOVERNMENT 

Notwithstanding  the  restrictions  placed  upon  the  bor- 
rowing power  of  local  governments,  they  are  everywhere 
throughout  the  United  States  heavily  in  debt.  Especially 
is  this  true  of  municipalities.  The  combined  municipal 
debt  is  many  times  larger  than  the  combined  debt  of  all 
the  States.  The  debt  of  New  York  city  alone  is  much  larger 
than  the  total  debt  of  the  forty-eight  States,  and  the  debts 
of  many  other  cities  are  proportionally  as  large  as  that  of 
the  metropolis. 

The  debts  of  cities  have  been  incurred  for  the  building 
of  water-works,  city  halls,  school-houses,  and  for  the  pav- 
ing of  streets  and  the  construction  of  sewers.  These  im- 
provements have  necessitated  the  outlay  of  large  sums  in 
a  short  period  of  time,  and  it  has  not  been  possible  to  col- 
lect sufficient  money  by  taxation  to  pay  for  them  as  they 
have  been  made.  The  rapid  growth  of  American  cities  has 
sometimes  caused  the  expenditures  to  increase  at  an  alarm- 
ing rate.  In  some  instances  sewers  and  water-works  have 
been  constructed  on  a  scale  suitable  for  a  city  of  a  hundred 
thousand  people,  and,  behold,  the  population  has  increased 
to  four  times  that  number !  This  increase  has  rendered 
the  old  improvements  worthless  and  made  necessary  the 
construction  of  new  ones  at  an  enormous  expense.  Besides, 
it  is  generally  confessed  that  the  management  of  the  finances 
of  cities  has  been  bad  the  country  over.  In  the  award- 
ing of  contracts  for  public  works  larger  sums  of  money 
have  been  paid  to  contractors  than  the  work  has  been  worth. 
Franchises  have  been  granted  to  corporations  for  a  song, 
when  they  ought  to  have  realized  large  sums.  Temporary 
or  floating  debts  caused  by  deficits  have  not  been  paid 
promptly  by  means  of  taxation,  but  have  been  added  to 
the  bonded  debt. 

The  management  of  the  finances  of  cities  has  called  forth 
various  schemes  of  reform.  One  of  these  is  the  plan  of 
taking  away  from  the  city  council  some  of  its  financial 
powers  and  lodging  them  with  the  board  of  estimate 
(p.  220).    Another  remedy  proposed  is  to  prescribe  a  prop- 


PUBLIC  DEBT  293 

erty  qualification  for  voters,  when  financial  questions  are 
involved.  This  plan  is  both  impracticable  and  unwise : 
impracticable,  because  voters  will  not  consent  to  it;  unwise, 
because  it  would  be  an  unnecessary  assault  upon  the  prin- 
ciple of  democracy.  The  corrupt  bargains  which  are  made 
in  the  management  of  the  finances  of  a  city  are  made 
by  those  who  possess  property,  not  by  those  who  have  no 
property.  A  property  qualification  would  not  exclude  the 
corruptionists  from  taking  a  part  in  city  affairs,  but  it 
would  exclude  many  honest  men  from  taking  part,  and 
it  is  to  honest  men,  after  all,  that  we  must  look  for  genuine 
reform.  The  possession  or  non-possession  of  property  has 
really  very  little  to  do  with  the  matter.  Good  municipal 
government  is  purely  and  simply  a  question  of  honesty. 

How  Public  Debts  are  Paid.  Public  debts  of  course  must 
be  paid  by  taxation.  Indeed,  they  are  often  called  anti- 
cipatory taxes,  from  the  fact  that  government,  in  borrow- 
ing a  sum  of  money,  anticipates  a  certain  revenue  which 
it  expects  to  receive  by  taxation.  A  State  cannot  be  com- 
pelled by  federal  authority  to  pay  a  debt  to  a  citizen,  for, 
without  the  consent  of  the  State  a  citizen  cannot  bring  his 
suit  into  a  federal  court  (145)  and  establish  his  claim. 
The  United  States  cannot  be  compelled  to  pay  a  debt,  for 
you  cannot  compel  a  sovereign  power  to  do  anything 
against  its  will. 

It  is  customary  in  the  United  States  for  a  government, 
national,  State  and  local,  to  prepare  for  the  payment  of  a 
debt  at  the  time  it  is  incurred,  according  to  the  doctrine 
of  Hamilton,  who  held  that  the  "creation  of  a  debt  ought 
to  be  accompanied  with  means  of  its  extinguishment. ' '  This 
preparation  usually  consists  in  the  creation  of  a  sinking 
fund.  Under  the  sinking  fund  plan  the  law  which  pro- 
vides for  the  borrowing  of  money  also  provides  for  the. rais- 
ing by  taxation  of  a  certain  sum  annually  which  shall  be 
set  aside  for  the  ' '  sinking ' '  or  the  paying-  of  the  bonds 
when  they  shall  become  due.    The  sum  raised  for  the  sink- 


294  THE  AIMERICAN  GOVERNMENT 

ing  fund  is  inviolate  and  can  be  used  for  no  other  purpose, 
unless  for  public  defense. 

The  United  States  may  borrow  money  without  creating 
at  the  same  time  a  sinking  fund  for  its  payment,  but  the 
constitutions  of  many  States  provide  that  all  debts,  whether 
State  or  municipal,  shall  be  accompanied  by  means  of  ex- 
tinguishment, and  the  means  adopted  is  usually  the  sinking 
fund  arrangement. 

QUESTIONS  ON  THE  TEXT 

1.  How  does  the  necessity  of  public  debt  originate? 

2.  Under  what  circumstances  is  the  government  justified  in  bor- 
rowing? 

3.  Describe  a  government  bond.  Upon  what  does  the  value  of  a 
government  bond  depend? 

4.  In  what  way  may  governments  sometimes  make  a  forced  loan? 

5.  What  are  the  provisions  of  the  Constitution  in  respect  to  borrow- 
ing? What  was  Hamilton's  doctrine  concerning  a  public  debt?  What 
was  Jefferson's  policy  in  respect  to  the  public  debt? 

6.  Sketch  the  history  of  the  debt  of  the  United  States. 

7.  What  restriction  upon  the  borrowing  power  of  a  State  is  in  the 
federal  Constitution?  What  restriction  upon  borrowing  is  usually 
found  in  a  State  constitution? 

8.  What  can  be  said  of  the  condition  of  the  finances  of  State  gov- 
ernments? 

9.  What  restrictions  are  placed  upon  the  borrowing  power  of  mu- 
nicipalities? For  what  purposes  have  the  debts  of  municipalities  been 
incurred?     Why  have  these  debts  become  so  large? 

10.  What  remedies  have  been  proposed  for  the  betterment  of  city 
government? 

11.  Why  cannot  the  United  States  be  compelled  to  pay  its  debt? 
Why  cannot  a  State  be  compelled  to  pay  its  debt? 

12.  Explain  the   sinking  fund  arrangement. 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Compare  graphically*  the  per  capita  debt  of  the  United  States 
with  that  of  each  of  the  following  countries:  England,  Germany, 
France,  Italy,  Russia,  Austria. 

2.  If  the  term  for  which  a  bond  is  issued  is  long,  how  will  that  fact 
affect  the  price  paid  for  it? 

iFor  example,  let  the  per  capita  debt  of  the  United  States  be  represented  by  a  square 
inch  of  surface  and  the  per  capita  debts  of  the  other  countries  by  squares  proportionally 
large. 


PUBLIC  DEBT  295 

3.  Is  it  right  for  this  generation  to  contract  public  debts  which 
must  be  paid  by  the  next  generation?    Give  reasons  for  your  answer. 

4.  "Public  debt  is  a  public  blessing."  "Public  debt  is  a  public 
curse."  Point  out  the  truth  and  falsity  which  are  contained  in  both 
the  preceding  statements. 

5.  How  much  per  voter  does  the  United  States  government  owe? 

6.  What  sum  does  this  State  owe?  this  county?  this  municipality? 
State  the  purposes  for  which  these  debts  were  contracted. 

7.  What  provisions  does  the  constitution  of  this  State  make  in  ref- 
erence to  the  debt  of  the  State?  to  the  debt  of  counties?  to  the  debt  of 
cities?  What  are  the  advantages  and  disadvantages  of  these  pro- 
visions? 

8.  Did  you  ever  see  a  bond  that  was  issued  by  a  government?  If 
possible,  bring  a  government  bond  to  the  class  to  be  examined  and 
studied. 

9.  Do  rents  in  cities  rise  and  fall  with  the  tax  rate?  Ask  a  dealer 
in  real  estate  about  this. 

10.  Show  how  the  tax  rate  may  be  kept  low  for  a  while  by  borrow- 
ing.   What  is  the  final  result  of  such  a  system  of  financiering? 

11.  Is  a  large  public  debt  necessary  to  make  a  government  strong 
in  the  hour  of  its  need?    Answer  this  from  our  own  history. 

Topics  for  Special  JVorlc— Forms  of  Public  Debt:  19,  293-310. 
Funding  our  National  Indebtedness:  22,  331-356.  Municipal  Finance: 
30,  452-456. 


XXXIX 

PROBLEMS    OF    TAXATION 

The  Difficulties  of  Taxation.  A  little  consideration  will 
show  that  a  just  and  fair  system  of  taxation  is  difficult 
to  devise.  To  be  sure,  if  all  men  would  come  forward 
with  a  truthful  statement  of  the  amount  of  their  property, 
just  taxation  would  be  a  simple  affair;  but  experience 
teaches  that  all  men  will  not  do  this.  Though  it  is  easy 
to  say  that  every  one  ought  to  pay  taxes  according  to  his 
ability — that  is,  according  to  his  income,  or  according  to 
the  value  of  the  property  from  which  he  derives  his  in- 
come— it  is  very  difficult  to  discover  the  amount  of  a  man's 
income,  or  to  determine  the  true  value  of  his  property. 
Before  property  can  be  taxed  the  officers  of  the  law  must 
point  to  its  existence,  and  it  is  not  always  possible  to  do 
this.  In  these  days,  if  they  choose  to  do  so,  men  can  con- 
ceal from  the  eyes  of  the  tax-gatherer  a  great  deal  of 
property  that  ought  justly  to  bear  a  share  of  the  public 
burden.  In  his  iron  safe  a  man  may  have  bonds,  or  stocks, 
or  notes  of  promise,  which,  though  they  yield  him  a  hand- 
some income,  do  not  appear  on  the  tax-books  as  property. 
The  concealment  of  such  property  presents  one  of  the  great- 
est of  the  difficulties  which  surround  the  subject  of  taxation. 
Another  great  difficulty  is  connected  with  the  overlap- 
ping of  jurisdictions.  A  railroad  running  through  several 
States  pays  taxes  in  all;  a  man  residing  in  one  State  and 
holding  personal  property  in  another  is  liable  to  be  taxed 
on  that  personal  property  in  both  States;  a  person  living 

296 


PROBLEMS  OF  TAXATION  297 

in  one  State,  owning  property  in  another  and  carrying  on 
business  in  a  third  is  subject  to  the  tax  laws  of  three 
States.  This  overlapping  of  authority  is  inherent  in  our 
political  system,  and  is  bound  at  times  to  result  in  en- 
tanglements, and  in  wrong  or  unjust  taxation. 

A  third  great  difficulty  connected  with  the  levying  of  a 
tax  is  to  foresee  its  final  incidence,  that  is,  to  foresee  the 
person  upon  whom  the  burden  of  the  tax  will  finally  fall. 
For  a  tax  will  not  always  remain  where  it  has  been  laid, 
but  will  be  shifted  from  one  person  to  another  until  it  at 
last  falls  upon  a  person  who  cannot  shift  it.  For  example: 
In  California,  some  years  ago,  there  was  a  tax  on  mortgages 
amounting  to  about  one  and  three  quarters  per  cent,  of  the 
sum  loaned.  The  rate  of  interest  on  untaxed  loans  in  and 
around  San  Francisco  was  about  six  per  cent. ;  but  men, 
on  account  of  the  tax,  would  not  lend  money  on  mortgages 
for  less  than  eight  per  cent.  Here  the  mortgagee  ^  paid 
the  tax  of  one  and  three  quarters  per  cent.,  but  included 
it  and  a  little  more  in  the  interest  which  he  demanded  of 
the  mortgagor.  In  other  words,  the  mortgagee  shifted  the 
tax,  and  its  incidence  was  on  the  mortgagor.  If  the  mort- 
gagor rented  the  property,  he  was  able  to  shift  the  tax 
again  and  let  it  fall  upon  the  tenant  in  the  shape  of  a 
higher  rent.  Whether  the  incidence  was  upon  the  mort- 
gagor or  upon  his  tenant,  it  was  not  upon  the  mortgagee, 
as  the  law-maker  intended  it  should  be.^ 

To  overcome  such  difficulties  as  those  mentioned  above, 
and  to  provide  remedies  for  certain  inequalities  and  injus- 
tices which  are  found  in  our  system  of  taxation,  economists 
and  legislators  have  come  forward  with  various  schemes  of 
reform.  The  most  important  of  these  schemes  will  now  re- 
ceive  attention  and   will   be  treated  under  the   following 

*  When  the  owner  of  property  borrows  money  and  gives  a  mortgage — 
a  written  pledge  that  if  the  money  is  not  paid  the  borrower  will  sur- 
render the  property  to  the  lender — the  borrower  of  the  money  is  called 
the  mortgagor,  and  the  lender  the  mortgagee. 

^  The  above  is  an  adaptation  of  an  illustration  given  by  Mr.  C.  C. 
Plehn  in  his  "Public  Finance,"  p.  249. 


298  THE  AMERICAN  GOVERNMENT 

headings:  (1)  Corporation  Taxes;  (2)  tlie  Income  Tax;  (3) 
the  Graduated  or  Progressive  Tax;  and  (4)  the  Single  Tax. 

The  Corporation  Tax,  The  measures  of  reform  that  ap- 
peal most  strongly  to  the  public  refer  to  corporation  taxes. 
Private  corporations  (p.  360)  control  fully  half  the  wealth 
of  the  country,  but  they  do  not  bear  half  the  burdens, 
and  many  States  are  making  efforts  to  tax  corporate  prop- 
erty as  it  should  be  taxed. 

The  corporations  receiving  the  most  serious  attention 
of  tax  reformers  are  the  railroads.  The  taxation  of  the 
property  of  a  railroad  must  always  be  a  perplexing  prob- 
lem. Upon  what  principle  shall  the  property  be  assessed? 
Shall  the  valuation  be  placed  upon  the  market  value  of 
its  bonds  and  stocks,  or  upon  the  value  of  its  tangible 
property?  Shall  the  value  of  the  franchise  be  assessed? 
If  the  road  does  an  interstate  business,  how  shall  the 
tax  which  it  is  to  pay  in  each  State  be  determined?  How 
shall  the  rolling  stock  which  passes  through  a  dozen  States 
be  taxed?  These  are  some  of  the  questions  for  which  tax 
reformers  are  trying  to  find  satisfactory  answers.  Forty- 
eight  States  are  working  upon  the  problems  of  railway  tax- 
ation, each  approaching  the  task  in  its  own  way.  The  plans 
of  reform,  therefore,  are  too  numerous  to  be  stated  here 
in  detail,  but  the  direction  in  which  legislation  on  this 
subject  is  moving  may  be  indicated: 

(1)  The  Valuation  of  the  Tangible  Property  of  Bail- 
roads.  Nearly  all  the  States  have  adopted  the  plan  of 
assessing  the  entire  tangible  property  of  the  roads  within 
their  respective  boundaries.  As  a  rule,  this  assessment  is 
made  by  State  officials,  the  local  government  collecting 
the  taxes  on  the  property  within  their  respective  jurisdic- 
tions. In  assessing  the  property  of  an  interstate  road 
the  board  follows  the  "unit"  rule:  It  determines  the 
value  of  the  property  of  the  railroad  considered  as  a  unit, 
including  in  the  valuation  all  property  tangible  and  in- 
tangible and  wherever  located,  and  makes  an  assessment 


PROBLEMS  OF  TAXATION  299 

according  to  the  ratio  whicli  the  mileage  of  line  within  the 
State  bears  to  the  company's  total  mileage. 

(2)  The  Valuation  of  the  Intangible  Property  of  Bail- 
ways.  An  increasing  number  of  States  are  requiring  the 
railroads  to  pay  a  franchise  tax  (p.  267)  in  addition  to  the 
tax  on  tangible  property.  The  value  of  the  franchise  may 
be  estimated  in  various  ways,  but  the  fairest  method  seems 
to  be  this:  From  the  combined  market  value  of  the  stocks 
and  bonds  of  the  road  subtract  the  value  of  the  tangible 
property ;  the  remainder  is  the  value  of  the  franchise.  This 
rule  of  estimating  a  franchise  is  looked  upon  with  favor 
by  the  Supreme  Court  of  the  United  States. 

There  can  be  no  doubt  that  reforms  in  the  methods  of 
taxing  corporate  property  are  needed.  An  official  inquiry 
made  in  Wisconsin  showed  that  if  the  railroads  in  that 
State  had  been  taxed  the  same  as  other  property  they  would 
have  paid  into  the  State  treasury  in  1899  nearly  a  million 
dollars  more  than  they  actually  paid.  An  inquiry  in 
Michigan  showed  similar  results.  And  what  is  true  of  in- 
dividual States  is  true  of  the  country  taken  as  a  Avhole. 
According  to  a  report  of  the  Interstate  Commerce  Conunis- 
sion  the  railroads  not  long  ago  were  paying  yearly  some- 
thing like  fifty  millions  of  dollars  in  taxes  on  a  capitalization 
of  about  twelve  billions  of  dollars.  If  they  had  been  taxed 
like  other  forms  of  property  they  would  have  paid  fully  one 
hundred  millions  of  dollars  yearly. 

The  Income  Tax.  As  a  means  of  tax  reform  the  income 
tax  is  receiving  serious  consideration.  Seven  States  in 
their  constitutions  permit  an  income  tax,  but  only  three  bave 
imposed  a  tax  of  this  kind. 

The  income  tax  is  proposed  to  meet  changed  conditions 
in  the  commercial  and  industrial  world.  With  the  devel- 
opment of  the  corporation  method  of  transacting  business 
(p.  362)  a  vast  amount  of  wealth  has  assumed  the  form  of 
stocks,  bonds  and  mortgages,  and  these  can  easily  escape 
taxation,   for  they   can  be   concealed   from'  the   assessor's 


300  THE  AMERICAN  GOVERNMENT 

eye.  Severe  laws  have  been  passed  with  the  view  of  reach- 
ing these  forms  of  wealth;  assessors  have  been  given  an 
inquisitorial  power;  taxpayers  have  been  subjected  to  the 
most  searching  questions  in  reference  to  their  property. 
But  law  has  not  been  able  to  make  men  their  own  assessors. 
Taxpayers  are  so  slow  in  coming  forward  with  a  full  and 
fair  account  of  all  their  stocks  and  bonds  that  those  who 
do  so  are  often  regarded  as  good-natured  oddities. 

With  the  successful  concealment  of  so  much  wealth  in 
stocks  and  bonds  and  mortgages  the  personal  property 
tax  has  failed  to  give  satisfaction,  and  in  the  opinion  of 
able  economists  has  failed  utterly.  "Personal  property," 
says  Seligman,  "nowhere  bears  its  just  proportion  of  the 
burdens ;  and  it  is  in  precisely  those  localities,  i.e.,  the  large 
cities,  where  its  extent  and  importance  are  the  greatest,  its 
assessment  is  the  least.  The  taxation  of  personal  property 
is  in  inverse  ratio  to  its  quantity:  the  more  it  increases  the 
less  it  pays." 

As  a  partial  substitute  for  the  personal  property  tax,  a 
general  income  tax  is  proposed.  That  is,  by  the  admission 
of  all,  a  just  and  sensible  tax — one  based  upon  ability  to 
pay,  and  not  liable  to  be  shifted. 

But  there  are  serious  difficulties  connected  with  levying 
this  tax.  (a)  Though  the  States  have  the  power  to  levy 
it,  and  some  actually  have  levied  it,  they  may  thereby  cause 
the  possessors  of  large  incomes  to  remove  into  States  that 
do  not  tax  incomes.  This  difficulty  could  be  overcome  only 
by  a  uniform  course  of  action  by  all  the  States.  (&)  Again, 
it  is  not  easy  to  determine  just  what  should  be  regarded 
as  a  man's  income  for  taxing  purposes.  For  example,  a  man 
with  a  gross  annual  income  of  $10,000  may  have  on  his  home 
a  mortgage  upon  which  he  is  paying  interest;  he  may  have 
a  property  tax  to  pay;  there  may  be  unusual  but  necessary 
personal  expenses  connected  with  his  business  or  employ- 
ment ;  he  may  lose  money  during  the  year  in  some  legitimate 
business  venture  which  lies  outside  his  regular  occupation. 
It  is  plain  that  in  calculating  the  income  tax  in  such  a  case 


PROBLEMS  OF  TAXATION  301 

some  deduction  should  be  made  from  the  gross  income,  but  it 
is  not  easy  for  the  law-maker  to  determine  precisely  what  de- 
ductions are  just.  Then,  too,  it  is  difficult  to  determine  the 
point  below  which  incomes  should  be  exempt  from  taxation ; 
for  it  is  contrary  to  sound  public  policy  to  tax  incomes  which 
are  barely  sufficient  for  meeting  the  necessities  of  life.  But 
what  are  the  necessities  of  life?  What  is  the  minimum  in- 
come that  should  be  subject  to  a  tax? 

Graduated  or  Progressive  Taxation.  It  is  sometimes  eon- 
tended  that  one's  duty  in  respect  to  the  payment  of  taxes 
should  be  measured,  not  by  ability,  but  by  sacrifice.  Ac- 
cording to  this  view  a  tax  is  burdensome,  not  in  propor- 
tion to  what  is  paid,  but  to  what  is  left.  To  equalize  the 
sacrifice  of  taxpayers  a  graduated  or  progressive  tax  has 
been  proposed.  Under  the  workings  of  this  tax  the  rate 
increases  with  the  amount  of  property.  For  example,  if 
A,  B,  C  and  D  are  worth  respectively  $10,000,  $20,000, 
$30,000  and  $40,000,  a  scheme  of  progressive  taxation  might 
impose  upon  A  a  rate  of  one  per  cent.,  upon  B  a  rate  of 
two  per  cent.,  upon  C  a  rate  of  three  per  cent.,  and  upon 
D  a  rate  of  four  per  cent.  D  's  property  is  only  four  times 
as  great  as  A 's,  yet  it  pays  sixteen  times  as  much  in  taxes. 

In  eighteen  States  the  constitutions  provide  that  taxation 
shall  be  in  exact  proportion  to  the  value  of  the  property 
taxed.  In  these  States  progressive  taxation  would  doubt- 
less be  adjudged  unconstitutional.  The  other  States  are 
permitted  to  apply  the  progressive  principle,  and  many  of 
them  do  apply  it  in  respect  to  inheritance  taxes.  Congress 
has  levied  a  progressive  inheritance  tax,  and  the  validity 
of  the  progressive  principle  has  been  sustained  by  the  Su- 
preme Court  of  the  United  States.  South  Carolina  and 
Wisconsin  have  progressive  income  taxes. 

The  Single  Tax.  The  most  radical  of  tax  reforms  is  the 
plan  by  which  all  revenues,  federal.  State  and  local,  are  to 
be  raised  from  a  single  tax  imposed  on  land.     According 


302  THE  AMERICAN  GOVERNMENT 

to  this  plan,  men  should  contribute  to  the  support  of  gov- 
ernment, not  in  proportion  to  what  they  produce  or  ac- 
cumulate, but  in  proportion  to  the  value  of  the  natural 
opportunities  they  hold ;  and  it  is  contended  that  the  land- 
holder is  the  great  monopolist  of  natural  opportunities. 
The  single  tax  would  be  laid  upon  land  as  such,  and  not 
upon  the  improvements  upon  land.  The  tax  upon  a  vacant 
lot,  provided  it  were  as  favorably  located,  would  be  as 
heavy  as  the  tax  upon  a  lot  improved  by  a  magnificent 
structure.  The  fundamental  principle  of  the  single  tax 
is  this:  The  individual  should  get  the  advantage  of  all 
improvements  upon  land,  while  the  government  (society) 
should  get  the  advantage  of  favorable  location,  and  of  the 
increased  values  that  accrue  to  land  in  a  community  which 
is  progressive  and  which  is  increasing  in  population. 

QUESTIONS  ON  THE  TEXT 

1.  State  three  great  difficulties  that  lie  in  the  way  of  a  just  system 
of  taxation. 

2.  What  reforms  are  being  made  in  respect  to  the  taxation  of  rail- 


3.  What  is  the  rule  for  the  assessment  of  interstate  railway  prop- 
erty? 

4.  What  is  the  rule  for  determining  the  value  of  a  corporation's 
franchise  1 

5.  What  are  the  advantages  and  disadvantages  of  a  general  income 
tax? 

6.  Explain  the  operation  of  a  progressive  or  graduated  tax. 

7.  What  is  the  single  tax? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Is  there  an  income  tax  in  this  State?  If  so,  explain  its  nature 
and  workings. 

2.  Is  it  just  that  a  man  who  owns  a  little  property  should  be  taxed 
and  that  a  man  who  receives  a  large  salary  and  who  owns  no  property 
should  escape  taxation? 

3.  Are  there  any  progressive  taxes  in  this  State?  If  so,  give  an  ac- 
count of  them. 

4.  Discuss  progressive  taxation  in  reference  (a)  to  its  justice,  (6)  to 
its  expediency,   (c)  to  its  effect  upon  fortune  building. 


PROBLEMS  OF  TAXATION  303 

5.  Prepare  a  five-minute  paper  on  "The  Single  Tax."  Consult 
Shearman's  "Natural  Taxation." 

6.  Compare  the  system  of  segregating  taxes  as  proposed  by  Mr. 
Adams  with  the  system  actually  in  force  in  this  State. 

7.  What  reforms  in  taxation  are  needed  in  this  State?  How  may 
these  reforms  be  accomplished? 

Topics  for  Special  WorJc. — The  Incidence  of  Taxation:  19,  248-258. 
The  Income  Tax:  21,  577-582;  19,  239-247.  Corporation  Taxes:  21, 
569-573. 


XL 

MONEY 

Introductory.  Closely  related  to  the  financial  function  of 
government  is  the  function  of  regulating  the  monetary 
system.  Indeed,  the  subject  of  money  is  regarded  by  many 
writers  as  only  one  of  the  divisions  of  the  subject  of  public 
finance.  In  the  United  States  the  money  function  belongs 
solely  to  the  federal  government. 

The  Different  Kinds  of  Money.  The  early  colonists  brought 
with  them  but  little  money,  and  they  were  therefore  placed 
in  conditions  quite  similar  to  those  which  existed  in  the 
earliest  times  when  there  was  no  money,  and  when  ex- 
change of  goods  had  to  be  effected  by  harter;  that  is  to 
say,  when  one  commodity  had  to  be  exchanged  for  another 
directly,  corn  for  fish,  a  horse  for  a  cow.  Exchange  by  pure 
barter,  however,  is  too  clumsy  to  be  practiced  long.  An 
intelligent  people  will  always  find  some  commodity  which 
will  pass  from  man  to  man  as  money  and  thus  make  ex- 
change easy. 

The  colonists  in  Virginia  chose  tobacco  as  a  substitute 
for  the  silver  and  gold  coins  which  they  lacked.  Tobacco 
was  in  universal  demand.  The  Indians  prized  it  highly, 
the  colonists  themselves  used  it  freely,  and  the  merchants 
were  always  ready  to  purchase  it  when  it  was  brought 
down  to  the  ships  which  traded  with  the  new  world.  Men, 
therefore,  would  accept  tobacco  in  exchange  for  a  com- 
modity, not  because  they  wanted  tobacco  themselves,  but 
because  they  knew  that  that  commodity  was  so  generally 

304 


MONEY  305 

desirable  that  they  would  have  no  trouble  in  exchanging 
it  for  any  other  commodity  which  they  might  wish. 

There  were  other  reasons  why  tobacco  could  be  ex- 
changed for  any  other  kind  of  goods.  A  small  bulk  of  it 
contained  a  great  deal  of  value :  a  pound,  in  the  early  days 
of  the  colony,  being  worth  three  shillings  in  England. 
Again,  tobacco  could  be  easily  divided  and  subdivided,  and 
articles  of  small  value  as  well  as  of  great  could  be  ex- 
changed for  it.  One  pound  of  tobacco  usually  represented 
about  the  same  value  as  another.  These  characteristics  of 
tobacco,  joined  with  the  universal  demand  for  it,  led  to 
its  use  as  money. 

In  New  England,  in  the  early  days  when  coin  was  scarce, 
corn  was  used  as  a  substitute,  although  it  proved  to  be  a 
poor  substitute.  In  New  York,  Indian  wampum  or  polished 
clam  shells  passed  as  money  among  the  settlers.  Each 
colony  adopted  as  money  the  commodity  which  would 
circulate  the  most  readily.  "We  find  that  the  various 
colonies  at  one  time  or  another  authorized  the  payment  of 
public  or  private  debts  in  wheat,  oats,  barley,  peas,  bacon, 
pork,  beef,  fish,  flax,  wood,  sugar,  brandy  and  even  musket- 
balls."^  A  Harvard  student  in  1649  paid  his  college  bill 
with  an  "old  cow." 

It  would  be  diiScult  to  name  a  commodity  of  general 
use  which  has  not  at  some  time  or  another  in  some  part 
of  the  world  passed  as  money.  Metals  especially  have  been 
held  in  high  esteem  as  instruments  of  exchange.  Iron,  lead, 
tin,  copper,  bronze,  as  well  as  silver  and  gold,  have  been 
used  as  money.  There  is,  therefore,  no  natural  universal 
money.  A  nation  will  use  as  its  money  that  commodity 
which  is  most  suitable  to  its  own  civilization. 

Silver  and  Gold.  As  industries  in  the  colonies  multiplied, 
and  trade  and  wealth  increased,   gold  and  silver  became 

*  Bullock,  "Monetary  History  of  the  United  States,"  p.  10.  We  are 
informed  on  the  same  i^age  of  tliis  book  that  gopher  taijs  were  employed 
as  money  in  some  sections  of  Dakota  as  late  as  18851 


306  THE  AMERICAN  GOVERNMENT 

more  abundant,  and  the  use  of  the  cruder  kinds  of  money 
was  abandoned.  This  was  to  be  expected.  No  other  com- 
modity performs  the  functions  of  money  so  well  as  these 
metals.  The  reason  why  the  precious  metals — as  silver  and 
gold  are  called — are  everj^^here  used  to  the  exclusion  of 
other  metals  may  be  summed  up  as  follows : 

1.  They  possess  much  value  in  little  weight  and  bulk, 
and  can  therefore  be  carried  easily  from  place  to  place, 
and  can  easily  be  concealed  and  guarded. 

2.  They  can  be  easily  divided  and  manufactured  into 
small  pieces  as  well  as  into  large  ones,  and  can  thus  be 
made  suitable  for  the  payment  of  sums  varying  in  amount. 

3.  Time  does  not  destroy  their  value,  and  the  wear  and 
tear  of  handling  is  very  small. 

4.  They  do  not  vary  in  quality.  ''There  is  no  such  thing 
as  inferior  gold  or  inferior  silver." 

5.  They  have  a  value  of  their  own  apart  from  their  use- 
fulness as  money,  for  they  are  used  in  the  manufacture  of 
many  expensive  articles  of  commerce. 

The  Coinage  of  Money.  When  a  farmer  takes  eggs  to  a 
store  and  exchanges  them  for  sugar,  a  certain  quantity  of 
sugar  is  weighed  in  the  scales.  If  metallic  money  is  de- 
sired in  exchange  for  the  eggs,  if  the  farmer  wishes  to 
buy  money  with  his  eggs,  a  certain  weight  of  gold  or  silver 
is  given  to  him,  but  the  scales  are  not  brought  into  the 
transaction.  The  pieces  of  money  have  been  weighed  in 
the  government's  mint,  and  the  farmer  is  satisfied  as  to 
their  weight  and  fineness. 

In  ancient  times  scales  were  employed  in  transactions 
like  the  above.  Gold  and  silver,  like  sugar,  were  weighed 
when  they  passed  from  man  to  man  as  money.  Since  ac- 
curate weighing  and  testing  were  difficult  processes,  it  be- 
came the  custom  to  stamp  upon  a  bar  or  ring  of  the 
precious  metal  its  weight  and  fineness.  The  bar  or  ring 
thus  stamped  became  a  coin  and  did  not  need  further  weigh- 
ing.    The  processes  of  coining  were  originally  conducted 


MONEY  307 

by  private  individuals,  usually  by  goldsmiths,  but  expe- 
rience stowed  that  private  coinage  led  to  fraud,  and  gov- 
ernments were  compelled  to  take  the  matter  into  their  own 
hands.  Coinage  is  now  everywhere  recognized  as  a  proper 
function  of  government. 

During  the  colonial  period  there  was  but  little  coining 
of  money  in  America.  In  1652  Massachusetts  established 
a  mint  at  which  shillings  and  sixpences  continued  to  be 
coined  for  a  period  of  thirty-four  years.  This  seems  to  be 
the  only  notable  instance  of  coinage  in  America  before 
the  Revolution.  Under  the  "Articles  of  Confederation" 
Congress  had  the  power  to  coin  money,  but  it  had  not  the 
bullion  (uncoined  gold  and  silver)  to  coin.  The  little  money 
which  was  coined  during  the  period  of  the  Confederation 
was  struck  off  by  private  parties  under  the  authority  of  the 
individual  States.  The  framers  of  the  Constitution  took 
the  right  of  coinage  away  from  the  State  (72)  and  lodged 
the  power  entirely  with  the  federal  government  (49). 


Paper  Money.  Every  one  of  the  kinds  of  money  thus  far 
mentioned  has  an  intrinsic  value,  an  inherent,  essential 
value  arising  out  of  its  usefulness  as  a  commodity  and 
separate  from  its  character  as  money.  Tobacco  is  desirable 
as  a  means  of  gratifying  a  certain  appetite,  and  when  it 
ceased  to  be  used  as  money  it  was  still  valuable;  silver 
and  gold  are  highly  prized  as  articles  of  commerce,  and 
coins  made  of  these  metals  are  valuable  even  after  they 
have  been  melted  and  have  lost  their  form  as  money. 

There  is  another  kind  of  money  which  has  played  an 
important  part  in  the  history  of  the  American  people. 
This  is  paper  money,  which  may  be  defined  as  money  which 
neither  possesses  nor  represents  intrinsic  value.  Paper 
money  may  be  printed  and  issued  by  a  government  with 
the  promise  that  it  will  be  redeemed  for  intrinsic  money, 
or  it  may  be  issued  by  a  bank  as  a  promissory  note  payable 
in  intrinsic  money,  but  it  is  never  intrinsic  money  itself. 


308  THE  AMERICAN  GOVERNMENT 

Paper  money  is  usually  made  a  legal  tender,  that  is,  the 
holder  of  it  may  tender,  or  offer,  it  in  payment  of  a  debt, 
and  the  creditor  must  receive  it  as  lawful  money.  Paper 
money  is  sometimes  called  fiat  money,  because  government 
makes  or  attempts  to  make  it  worth  so  much. 

There  were  extensive  issues  of  paper  money  by  the  col- 
onies. Massachusetts  in  1690  issued  hills  of  credit — as 
paper  money  is  often  called — to  defray  the  cost  of  an  ex- 
pedition against  Canada,  and  her  example  was  followed 
by  other  colonies  at  various  times,  when  there  was  not 
enough  gold  and  silver  at  hand  to  meet  expenses.  The 
paper  money  issued  by  the  colonies  invariably  depreciated 
in  value ;  that  is  to  say,  its  purchasing  power  fell  below  its 
nominal  or  face  value.  Thus  in  1749  a  bill  of  credit  issued 
by  Massachusetts  with  a  nominal  value  of  ten  shillings 
would  not  purchase  as  much  of  any  useful  commodity  as 
could  be  purchased  by  one  shilling  of  silver. 

The  Continental  Congress  of  1775  issued  two  million 
dollars  of  bills  of  credit  based  upon  the  credit  of  the  States. 
As  the  war  progressed  issues  became  larger  and  more  fre- 
quent, and  by  1779  more  than  two  hundred  million  dollars 
of  the  paper  money  was  in  circulation.  In  addition  to  this 
sum  the  individual  States  issued  about  two  hundred  mil- 
lion dollars  of  paper  money.  During  the  first  part  of  the 
war  the  notes  were  accepted  willingly  and  circulated  freely 
at  their  face  value,  but  in  1777  they  began  to  decline  in 
value,  and  in  January,  1779,  eight  dollars  of  the  paper 
money  were  worth  only  one  dollar  in  silver.  Congress  did 
not  formally  make  the  Continental  paper  a  legal  tender, 
but  it  enacted  that  the  man  who  refused  to  take  it  was 
an  enemy  of  his  country.  People,  however,  could  not  be 
compelled  to  receive  it.  It  depreciated  until  it  took  one 
thousand  dollars  of  the  paper  money  to  purchase  as  much 
as  could  be  purchased  by  one  dollar  of  silver.  Finally  the 
Continental  money  became  absolutely  worthless — "not 
worth  a  continental."  Barber  shops  were  papered  in  jest 
with  the  bills;  sailors,  on  returning  from  their  cruises,  be- 


MONEY  309 

ing  paid  off  in  bundles  of  the  worthless  money,  had  suits 
of  clothes  made  of  it. 

In  1785  and  1786  there  were  extensive  issues  of  paper 
monej^  by  the  individual  States.  These  proved  to  be  the 
cause  of  much  confusion  and  injustice,  and  when  the 
framers  of  the  Constitution  came  to  the  subject  of  paper 
money  they  took  from  the  States  altogether  the  right  of 
issuing  bills  of  credit,  and  of  making  anything  but  gold 
and  silver  coin  a  legal  tender  in  payment  of  debts  (73). 

Representative  Money.  Paper  money  must  not  be  confused 
with  money  paper  or  representative  money.  When  tobacco 
was  used  as  money  in  the  colonies,  it  was  customary  to  store 
large  quantities  of  the  weed  in  warehouses  and  give  the 
depositor  a  receipt  for  the  amount  deposited.  This  ware- 
house receipt  passed  from  hand  to  hand  as  money.  It  was 
not  paper  money,  for  it  could  be  redeemed  for  intrinsic 
money — tobacco.  A  very  large  part  of  the  money  now 
in  circulation  among  us  resembles  those  tobacco  receipts, 
and  consists  of  printed  certificates  stating  that  there  has 
been  deposited  in  the  treasury  of  the  United  States  a  certain 
quantity  of  gold  or  silver  which  the  holder  of  the  certifi- 
cate may  obtain  by  presenting  the  certificate  at  the  treasury 
for  redemption.  Representative  money  has  been  invented 
to  save  the  trouble  of  carrying  and  handlmg  the  real  money. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  the  meaning  of  barter?  Name  some  of  the  inconveniences 
of  barter. 

2.  Why  did  the  colonists  of  Virginia  use  tobacco  as  money?  What 
other  commodities  were  used  by  the  colonists  as  money? 

3.  Give  the  reasons  why  silver  and  gold  are  universally  used  as  money. 

4.  Give  an  account  of  coinage  in  America  during  the  colonial  period. 
What  is  the  provision  in  the  Constitution  in  respect  to  coinage? 

5.  Give  a  definition  of  paper  money.     What  is  legal  tender? 

6.  What  was  the  experience  of  the  colonists  with  paper  money? 
What  is  a  bill  of  credit?  Give  an  account  of  paper  money  issued  dur- 
ing the  Revolution. 


310  THE  AMERICAN  GOVERNMENT 

7.  What  does  the  Constitution  say  about  the  issue  of  paper  money? 

8.  What  is   representative   money?     Contrast  representative   money 
with  paper  money. 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Let  us  suppose  that  in  1615  a  pound  of  tobacco  in  Virginia  would 
purchase  a  bushel  of  corn;  if  five  years  later  a  pound  of  tobacco  could 
be  raised  with  half  the  labor  that  it  formerly  took,  while  a  bushel  of 
corn  required  the  same  amount  of  labor,  how  much  corn  could  be  pur- 
chased in  1620  for  a  pound  of  tobacco?  Why  would  a  pound  of  tobacco 
in  1620  have  less  purchasing  power  than  in  1615?  Is  the  purchasing 
power  of  a  piece  of  money  proportional  to  the  labor  that  has  been 
spent  in  obtaining  it? 

2.  A  man  went  to  Klondike  and  secured  enough  gold  dust  to  make 
$5,000  in  coin.  Describe  the  travel,  the  hardships,  the  labor  which  the 
money  represented. 

3.  If  a  gold-mine  as  rich  as  Klondike  should  be  discovered  in  every 
State  how  could  the  production  of  gold  be  affected?  Would  prices  be 
higher  or  lower  after  the  discovery?  What  relation  exists  between 
prices  and  the  amount  of  money  in  circulation?  If  iron  were  used  as 
money  would  prices  be  high  or  low? 

4.  What  properties  have  diamonds  that  would  make  them  suitable 
as  a  medium  of  exchange?     What  properties  do  they  lack? 

5.  In  what  places  is  gold  produced  in  large  quantities?  Where  are 
the  largest  silver-mines? 

6.  Do  gold  and  silver  fluctuate  in  value  lite  cotton  and  sugar? 
Compare  the  price  of  wheat,  silver,  cotton,  beef  and  sugar  during  the 
last  ten  years  and  determine  in  which  commodity  there  have  been  the 
greatest  variations  in  value. 

7.  Does  the  laborer  buy  money  with  his  labor?  Does  the  capitalist 
buy  labor  with  his  money?  Does  the  farmer  buy  money  with  his  wheat? 

8.  Would  you  accept  a  ten-dollar  gold  piece  upon  the  condition  that 
you  were  not  to  use  it  as  money?  Would  it  be  worth  while  to  accept 
a  ten-dollar  bill  upon  similar  conditions? 

9.  Is  legal-tender  paper  money  worth  more  or  less  than  the  paper 
upon  which  it  is  printed? 

10.  Name  all  the  different  kinds  of  money  you  have  seen. 

Topics  for  Special  Worli. — Money  as  a  Tool  in  Exchange :    20,  98-107. 
Development  of  Metallic  Money:    21,  224-233. 


XLI 

METALLIC  CURRENCY 

Definition  of  "Currency."  The  term  currency  includes  all 
money,  whether  metallic  or  paper,  which  circulates  at  its 
face  value.  Mexican  silver  dollars  are  money,  but  they 
are  not  currency  in  the  United  States,  for  they  do  not  cir- 
culate here  unless  at  a  discount.  The  currency  of  the 
United  States  consists  at  present  of  gold  coin,  certificates 
representing  gold,  silver  dollars,  certificates  representing 
silver,  subsidiary  silver — coins  of  bronze  and  nickel,  United 
States  notes  (greenbacks),  national  bank  notes,  and  federal 
reserve  bank  notes.  It  will  be  the  purpose  of  this  chapter  to 
give  an  account  of  that  portion  of  our  currency  which  con- 
sists of  metal  or  certificates  representing  metal. 

Coinage  before  1873.  We  have  seen  that  the  experience 
of  the  Americans  with  paper  money  previous  to  the  forma- 
tion of  the  Constitution  had  been  very  unsatisfactory,  and 
that  after  the  adoption  of  that  instrument  a  State  was 
no  longer  permitted  to  issue  paper  money.  The  new  Gov- 
ernment was  strongly  inclined  to  a  metallic  currency,  and 
in  1792,  when  establishing  a  mint,  enacted  a  coinage  law 
providing : 

"That  it  shall  be  lawful  for  any  person  or  persons  to 
bring  to  the  said  mint  gold  or  silver  bullion  in  order  to 
their  being  coined  .  .  .  free  of  expense  to  the  person  or 
persons  by  whom  the  same  shall  have  been  brought.  And 
as  soon  as  the  said  bullion  shall  have  been  coined  the  per- 
son or  persons  by  whom  the  same  shall  have  been  delivered, 
shall  upon   demand  receive   in  lieu   thereof   coins  of  the 

311 


312  THE  AMERICAN  GOVERNMENT 

same  species  of  bullion  which  shall  have  been  so  delivered, 
weight  for  weight,  of  pure  gold  or  silver  therein  contained. 

"That  all  gold  and  silver  coins  which  shall  have  been 
struck  (stamped)  and  issued  from  said  mint  shall  be  a 
lawful  tender  in  all  payments  whatsoever. ' '  ^ 

The  relation  which  was  to  exist  between  the  value  of 
gold  and  that  of  silver  was  stated  in  these  words:  "Every 
fifteen  pounds  weight  of  pure  silver  shall  be  equal  value 
in  all  payments  with  one  pound  of  pure  gold."  The  law 
of  1792  thus  provided  for  free  coinage  of  gold  and  silver 
at  the  ratio  of  fifteen  to  one.  A  dollar  of  gold  contained 
24.75  grains  of  pure  metal,  and  a  dollar  of  silver  371.25 
(15  X  24.75)  grains. 

The  mint  continued  to  coin  the  precious  metals  at  the 
ratio  of  fifteen  to  one  until  the  year  1834,  when  it  was 
found  that  fifteen  pounds  of  silver  was  not  worth  one 
pound  of  gold.  About  this  time  one  pound  of  gold  in 
foreign  market  was  worth  nearly  sixteen  pounds  of  silver. 
The  holders  of  gold,  therefore,  were  not  willing  to  pay 
it  out  in  the  United  States,  where  it  was  worth  but  fifteen 
pounds  of  silver,  just  as  farmers  would  not  be  willing  to 
exchange  a  bushel  of  wheat  for  seventy-five  cents  in  the 
home  market  when  they  could  get  eighty  cents  elsewhere. 
As  a  result  of  the  overvaluation  of  silver  (or  the  under- 
valuation of  gold)  there  came  into  operation  a  monetary 
principle  which  is  known  as  "Gresham's  Law,"  and  which 
is  usually  stated  as  follows:  "Bad  money  tends  to  drive 
out  good  money,  but  good  money  cannot  drive  out  bad." 
This  law  does  not  mean  that  either  silver  or  gold  is  of  it- 
self either  good  or  bad.  It  means  that  people  will  pay 
their  debts  and  purchase  articles  with  the  cheapest  money 
available,  and  that  they  will  either  hoard  or  send  abroad 
the  dearer  money.  Under  the  law  in  force  before  1834 
silver  was  driving  gold  from  circulation,  because  every- 
body who  could  do  so  was  holding  back  his  gold  and  pay- 
ing his  debts  and  making  his  purchases  in  silver. 
*  Statutes  at  Large,  p.  246. 


METALLIC  CURRENCY  313 

In  order  to  bring  gold  back  into  circulation,  Congress 
in  1834  reduced  the  weight  of  the  gold  dollar  to  23.22  grains 
of  pure  metal,  allowing  the  silver  dollar  to  remain  371.25 
grains.  The  ratio  thus  established  was  (nearly)  sixteen  to 
one — a  ratio  at  which  the  two  metals  have  ever  since  been 
coined.  Under  this  law  the  free  coinage  of  both  metals 
continued  as  before. 

It  was  soon  found  that  the  new  ratio  of  sixteen  to  one 
overvalued  gold,  and  "Gresham's  Law"  again  came  into 
operation.  This  time,  since  gold  was  the  cheaper  money, 
silver  was  driven  from  circulation.  In  1850  a  silver  dollar 
was  worth  $1.02  in  gold,  and  after  the  discovery  of  gold 
in  California  the  relative  value  of  silver  was  still  higher. 
As  a  consequence,  between  1837  and  1873  but  little  silver, 
except  in  the  form  of  subsidiary  coins  (see  below),  was 
coined. 

Coinag'e  since  1873.  In  1873 — an  important  date  in  our 
monetary  history — Congress  discontinued  the  free  coinage 
of  silver,^  and  established  as  the  unit  of  value  the  gold 
dollar  of  the  weight  of  23.22  grains  of  fine  gold  with  one 
tenth  of  alloy  to  prevent  abrasion.  In  the  same  year  Ger- 
many withdrew  large  quantities  of  silver  from  circulation, 
and  in  the  following  year  several  other  European  countries 
began  to  restrict  the  coinage  of  silver.  About  this  time 
immense  deposits  of  silver  were  discovered  in  Nevada,  and 
cheaper  methods  of  extracting  the  metal  from  the  ore  were 
invented.  The  production  of  silver  increased,  and  the  de- 
mand for  it  at  mints  decreased.  The  result  was  that  in 
the  years  following  1873  there  was  a  marked  decline  in 
the  value  of  silver  as  compared  with  gold. 

The  unpopularity  of  the   demonetization  of  silver    (i.e., 

*The  act  which  discontinued  the  coinage  of  the  regular  silver  dollar 
provided  for  the  coinage  of  a  "  trade  dollar ' '  of  420  grains  of  silver. 
This  coin  was  intended  for  circulation  in  China.  It  was  legal  tender 
to  the  amount  of  five  dollars  until  1876,  when  Congress  took  away  its 
legal  tender  character  altogether  and  in  1878  ceased  to  coin  it.  It  has 
entirely  disappeared  from  circulation. 


314  THE  AMERICAN  GOVERNMENT 

the  refusal  of  the  government  to  coin  the  metal  into 
money)  caused  Congress  in  1878  to  pass  the  "  Bland- Alli- 
son Act,"  which  provided  "that  the  government  should 
buy  not  less  than  two  million  dollars'  worth,  and  not  more 
than  four  million  dollars'  worth  of  silver  bullion  each 
month,  and  coin  it  into  silver  dollars,  these  to  be  full  legal 
tender."  Under  this  act  a  great  deal  of  silver  was  coined, 
but  there  was  not  unlimited  free  coinage  as  there  had  been 
prior  to  1873.  The  law  of  1878  continued  in  force  for 
twelve  years,  and  under  its  workings  $378,166,793  in  silver 
was  coined.  Of  this  sum  $57,000,000  entered  circulation  as 
metallic  silver  dollars.  The  remainder  was  deposited  in 
the  vaults  of  the  treasury  and  silver  certificates  (represen- 
tative money)  were  issued  against  it. 

In  1890  the  "Bland-Allison  Act"  was  repealed  and  the 
law  known  as  the  "Sherman  Act"  was  passed.  This  law 
provided  that  the  Secretary  of  the  Treasury  should  pur- 
chase at  its  market  value  4,500,000  ounces  of  silver  each 
month  and  pay  for  the  same  with  treasury  notes.  Under 
this  law  168,000,000  ounces  of  silver  were  bought,  36,000,- 
000  silver  dollars  coined  and  $156,000,000  of  treasury  notes 
issued.  These  treasury  notes  of  1890  were  legal  tender  and 
could  be  presented  by  the  holder  to  the  Secretary  of  the 
Treasury  and  be  redeemed  either  in  silver  or  gold  at  the 
discretion  of  that  officer. 

In  1893  the  government  of  India  demonetized  silver,  an 
act  which  lowered  its  price  all  over  the  world.  In  the 
same  year  the  gold  reserve — a  sum  of  $100,000,000  which 
the  government  kept  on  hand  to  redeem  the  treasury 
notes  and  the  greenbacks  (p.  322)  with — began  to  di- 
minish day  by  day.  These  and  other  discouraging  facts 
produced  the  impression  that  the  Secretary  of  the  Treasury 
would  not  long  be  able  to  redeem  the  treasury  notes  and 
greenbacks  in  gold,  and  the  holders  of  these  kinds  of  cur- 
rency, becoming  alarmed,  presented  them  in  large  sums 
for    redemption,    always    demanding   gold.     The   treasury 


METALLIC  CUERENCY  315 

faithfully  redeemed  in  gold,  but  the  fear  that  the  reserve 
would  be  exhausted  and  that  silver,  a  dollar  of  which  was 
worth  only  sixty-seven  cents,  would  be  the  only  money 
available  for  redemption  purposes,  led  to  a  panic  in  the 
financial  world,  and  this  led  to  the  repeal  of  the  purchasing 
clause  of  the  "Sherman  Act,"  and  thus  the  issue  of  treas- 
ury notes  ceased. 

Since  1893  coinage  has  been  on  a  gold  basis.  No  silver 
bullion  has  been  purchased  at  the  mints  since  that  date, 
although  a  considerable  portion  of  that  which  was  bought 
under  the  Sherman  Act  has  been  coined  as  Congress  has 
from  time  to  time  directed.  Under  a  law  of  1900  gold  was 
made  the  standard  unit  of  value  and  no  provision  was 
made  for  the  coinage  of  silver  ^  other  than  that  which  was 
already  in  stock.  Silver  dollars  and  silver  certificates, 
however,  are  still  legal  tender,  and  it  is  the  declared  policy 
of  the  government  to  keep  them  on  a  parity  with  gold,  that 
is  to  say,  when  silver  certificates  are  presented  to  the 
treasury  for  redemption  it  is  the  policy  of  the  govern- 
ment to  redeem  them  in  gold  at  their  face  value,  and 
if  silver  dollars  are  presented  for  exchange  they  will  be 
exchanged  for  gold,  dollar  for  dollar.  The  coinage  of 
gold  is  free. 

Subsidiary  Coinage.  The  account  of  the  coinage  which 
has  been  given  has  referred  to  coins  of  a  denomination  of 
one  dollar  and  upwards.  Silver  coins  of  a  denomination 
of  less  than  a  dollar  have  been  issued  ever  since  the  estab- 
lishment of  the  mint.  These  are  known  as  subsidiary  coins 
or  fractional  currency,  and  consist  of  the  familiar  half- 
dollar,  quarter-dollar  and  dime.  These  are  legal  tender 
to  the  amount  of  ten  dollars.  In  the  half-dollar  there  are 
173.61  grains  of  pure  metal,  and  proportional  weights  in 
the  quarter-dollar  and  dime.     Below  the  subsidiary  silver 

*  The  government  still  purchases  silver  for  subsidiary  coinage 
and  for  coins  used  in  the  Philippine  Islands. 


316  THE  AMERICAN  GOVERNMENT 

are  the  minor  coins  of  base  metal,  the  five,  three  and  one 
cent  piece,  which  are  legal  tender  to  the  amount  of  twenty- 
five  cents. 

Bimetallism  and  Monometallism.  The  demonetization  of 
silver  has  been  the  cause  of  fierce  political  controversy. 
Many  people  called  bimetallists  believe  that  the  United 
States  should  permit  free  and  unlimited  coinage  of  both 
gold  and  silver  at  a  ratio  fixed  by  law.  It  is  contended 
by  the  bimetallists : 

1.  That  there  is  not  enough  gold  produced  in  the  world 
to  supply  the  requirements  of  business. 

2.  That  a  double  standard  prevents  prices  from  fiuctu- 
ating;  that  when  one  metal  begins  to  be  scarce  and  its  pur- 
chasing power  begins  to  rise  the  other  metal  will  take  its 
place  and  restore  prices  to  a  level. 

3.  That  the  low  price  of  silver  is  due  to  legislation;  that 
if  the  free  coinage  of  silver  should  begin  again  its  price 
would  rise. 

4.  That  under  gold  monometallism  there  has  been  a  gen- 
eral fall  of  prices,  and  that  this  fall  has  imposed  unjust 
burdens  upon  the  debtor  classes. 

The  monometallists,  or  those  who  believe  in  the  single 
gold  standard,  reply : 

1.  That  the  supply  of  gold  is  increasing  fully  as  rapidly 
as  the  demands  of  trade. 

2.  That  bimetallism  is  impossible;  that  even  if  you  coin 
the  two  metals,  one  of  them  will  always  be  the  standard, 
and  that  one  the  cheaper;  that  Gresham's  Law  is  unalter- 
able. 

3.  That  legislation  cannot  regulate  the  price  of  silver 
or  of  any  other  commodity ;  that  silver  is  cheap  because  the 
supply  is  large  and  the  demand  small. 

4.  That  the  fall  in  prices  is  due  not  to  the  scarcity  of 
money,  but  to  the  improvements  in  methods  of  production; 
furthermore,  that  in  making  contracts  we  are  bound  to 
incur  risks,  and  that  sometimes  the  debtor  class  profits  by 


METALLIC  CURRENCY  317 

the  change  in  price  and  sometimes  the  creditor  class  profits 
thereby. 

International  Bimetallism.  Many  people  who  believe  in 
the  principle  of  bimetallism  do  not  think  it  would  be 
wise  for  the  United  States  to  throw  its  mints  open  to  the 
free  coinage  of  silver  unless  the  great  nations  of  the  world 
should  do  likewise.  These  usually  advocate  international 
bimetallism,  a  scheme  under  which  the  principal  govern- 
ments of  the  earth  are  to  agree  to  make  both  metals  legal 
tender  at  a  fixed  ratio  and  allow  free  coinage  of  both. 
The  champions  of  this  policy  argue  that  if  the  law  should 
everywhere  recognize  so  much  silver  as  being  worth  so 
much  gold  it  would  be  possible  to  keep  both  metals  in  cir- 
culation, for  there  would  be  no  inducement  either  to  hoard 
or  send  abroad  either  metal.  The  further  arguments  of  the 
international  bimetallists  are  those  of  the  national  bimetal- 
lists  stated  in  the  preceding  section. 

Several  monetary  conferences  consisting  of  representa- 
tives of  the  leading  nations  have  endeavored  to  agree  upon 
a  plan  by  which  silver  may  be  remonetized  and  interna- 
tional bimetallism  accomplished,  but  the  efforts  of  these 
conferences  have  not  been  rewarded.  The  currency  law 
of  1900  while  making  gold  the  single  standard  declares 
that  nothing  in  the  law  shall  be  construed  as  unfavorable 
to  international  bimetallism. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  meant  by  the  term  "currency"?     Illustrate. 

2.  State  the  provisions  of  the  coinage  law  of  1792.  What  do  you 
understand  by  the  free  coinage  of  a  metal? 

3.  Explain  "Gresham's  Law."  Illustrate  its  workings  in  our 
monetary  history. 

4.  What  led  to  the  depreciation  of  silver  after  1873?  What  were 
the  "trade  dollars"? 

5.  What  were  the  provisions  of  the  " Bland- Allison  Act"? 

6.  What  were  the  provisions  of  the  "Sherman  Act"? 

7.  What  circumstances  led  to  the  repeal  of  the  '-'Sherman  Act"? 

8.  What  is  the  law  at  present  in  respect  to  coinage? 


318  THE  AMERICAN  GOVERNMENT 

9.  What  are  the  subsidiary  coins?  What  is  the  number  of  grains  of 
silver  in  a  quarter?  in  a  dime? 

10.  What  is  meant  by  bimetallism?  State  the  arguments  for  and 
against  this  policy. 

11.  What  is  meant  by  international  'bimetallism?  What  are  the 
arguments' of  those  who  favor  this  policy? 

SUGGESTIVE  QUESTIONS  AND  EXEEGISES 

1.  The  law  of  1792  quoted  in  the  lesson  says:  "Every  15  lbs.  weight 
of  pure  silver  shall  have  equal  value  in  all  payments  with  one  lb.  of 
pure  gold."     Why  15  to  1?     Why  not  10  to  1,  or  20  to  1? 

2.  If  a  government  should  open  its  mints  to  the  free  coinage  of  sil- 
ver and  copper,  what  ratio  would  be  established  between  the  two  met- 
als?     (Use  the  market  quotation  found  in  the  newspaper.) 

3.  If  under  the  bimetallic  scheme  suggested  in  2  the  copper-mines 
should  be  suddenly  exhausted,  how  would  "Gresham's  Law"  operate? 

4.  What  was  the  "crime  of   '73"? 

5.  How  many  grains  of  silver  in  a  silver  half-dollar?  Are  two  sil- 
ver half-dollars  worth  one  silver  dollar?  Do  they  contain  as  much 
silver  as  a  silver  dollar? 

6.  If  you  are  worth  your  weight  in  gold  how  many  dollars  are  you 
worth? 

7.  Which  do  you  see  more  frequently — gold  or  silver  certificates? 
What  was  the  smallest  amount  for  which  you  ever  saw  a  gold  certifi- 
cate? The  largest  amount?  What  was  the  smallest  amount  for  which 
you  ever  saw  a  silver  certificate?  the  largest  amount? 

8.  How  many  grains  of  gold  is  the  silver  in  a  silver  dollar  worth? 
(See  market  price  of  silver.)  Why  is  it  that  a  silver  dollar  readily 
exchanges  for  a  gold  dollar? 

9.  Is  the  amount  of  gold  produced  annually  increasing  or  decreas- 
ing? Does  this  fact  favor  the  monometallist  or  the  bimetallist?  What 
facts  favor  the  position  of  the  monometallist?  What  facts  favor  the 
position  of  the  bimetallist? 

10.  Procure,  if  possible,  a  gold  certificate,  a  silver  certificate  and  a 
treasury  note  of  1890  ^  and  bring  them  to  class  for  the  purpose  of  study. 
According  to  the  language  on  its  face  what  metal  would  you  get  for 
the  gold  certificate  if  you  should  present  it  at  the  treasury  for  redemp- 
tion? What  metal  would  you  get  for  the  silver  certificate?  Suppose 
you  knew  you  could  get  gold  for  your  treasury  note  if  you  asked  for 
gold,  would  you  regard  it  as  good  as  a  gold  certificate?  Suppose  you 
understood  that  the  government's  supply  of  gold  for  redemption  pur- 
poses was  running  low,  what  would  you  be  inclined  to  do  with  your 
treasury  note?  Suppose  you  should  burn  your  gold  certificate,  would 
the  government  gain  or  lose? 

Topics  for  Special  Worlr. — Bimetallism:  21,  303-313.  The  Demoneti- 
zation of  Silver:     22,  403-413. 

^  Under  the  currency  law  of  1900  treasury  notes  are  being  withdrawn 
from  circulation  and  silver  certificates  are  being  issued  in  their  place. 
It  may  be  difiicult,  therefore,  to  procure  a  treasury  note. 


XLII 

PAPER  CURRENCY 

Bank  Notes  and  Government  Notes.  In  addition  to  the 
metallic  currency  described  in  tlie  last  chapter  we  have 
in  circulation  a  large  volume  of  paper  currency.  This 
consists  of  hank  notes  and  United  States  notes.  A  bank 
note  is  a  promissory  note,  payable  on  demand,  made  and 
issued  by  a  bank  and  intended  to  circulate  as  money.  Whe- 
ther a  bank  note  will  circulate  as  money  or  not  ordinarily 
depends  upon  the  reputation  of  the  bank  and  upon  its 
ability  to  pay  the  note  when  presented  for  payment.  If 
those  persons  to  whom  the  note  is  offered  have  no  faith 
in  the  bank's  promise  they  will  not  receive  the  note,  and  its 
circulation  is  thereby  made  impossible.  A  United  States 
note  (greenback)  is  a  form  of  paper  money  issued  by  the 
federal  government  and  based  upon  the  credit  and  good 
faith  of  the  country.  It  is  a  legal  tender  for  all  debts 
public  and  private. 

The  United  States  Banks.  The  financial  plans  of  Hamilton 
included  the  organization  of  a  bank  in  which  the  new 
federal  government  should  have  a  direct  interest.  Such 
a  bank,  he  claimed,  would  make  it  easier  for  the  govern- 
ment to  obtain  loans,  would  make  it  more  convenient  for 
the  individual  to  pay  his  taxes  to  the  government,  and 
would  furnish  a  safe  depository  for  the  government's  funds. 
But  could  the  federal  government,  under  the  Constitution, 
establish  banks?  Hamilton  contended  that  it  could,  claim- 
ing authority  under  the  "elastic  clause."  Madison  con- 
tended that  the  scheme  for  a  government  bank  was  "con- 

319 


320  THE  AMERICAN  GOVERNMENT 

demned  by  the  silence  of  the  Constitution;  was  condemned 
by  the  rules  of  interpretation  arising  out  of  the  Constitu- 
tion; was  condemned  by  its  tendency  to  destroy  the  main 
characteristics  of  the  Constitution. ' '  ^  Jefferson  also  bit- 
terly opposed  the  bank  scheme,  but  Hamilton  was  victori- 
ous in  Congress  and  in  1791  the  first  Bank  of  the  United 
States  was  chartered  for  a  period  of  twenty  years.  Its 
capital  was  $10,000,000,  of  which  sum  the  government 
subscribed  $2,000,000,  becoming  thereby  an  active  part- 
ner in  the  banking  business.  The  notes  issued  by  the 
bank  were  receivable  in  payment  for  all  debts  due  to  the 
United  States.  The  bank  was  prosperous,  but  when  its 
charter  expired  in  1811  its  enemies  were  too  strong  for  it 
and  it  failed  to  secure  a  renewal  of  its  charter.  The  notes 
(paper  money)  which  the  first  bank  issued  amounted  to 
$5,000,000,  but  when  the  bank  closed  they  were  paid  and 
cancelled  and  thus  passed  out  of  existence. 

In  1817  Congress,  recognizing  the  assistance  which  a  gov- 
ernment bank  might  give  in  financing  the  war  debt  of  1812, 
chartered  the  second  Bank  of  the  United  States  for  a  term 
of  twenty  years,  contributing  one  fifth  of  the  $35,000,000 
of  capital.  Andrew  Jackson  opposed  the  bank  with  all 
his  might  and  succeeded  in  preventing  a  renewal  of  its 
charter,  which  expired  in  1837.  The  notes  of  this  bank, 
like  those  of  the  first,  were  redeemable  in  coin  and  were  a 
legal  tender  for  all  debts  due  to  the  government.  The 
charter  permitted  a  circulation  of  $35,000,000  in  notes, 
but  the  largest  amount  issued  was  $25,000,000.  The  notes 
of  this  second  bank  did  not  always  pass  at  their  face  value, 
but  in  the  end  they  were  all  redeemed  and  removed  from 
circulation.  Since  1837  the  federal  government  has  not 
been  interested  as  a  partner  in  any  bank. 

State  Banks.  The  real  enemies  of  the  Bank  of  the  United 
States  were  the  banks  which  were  chartered  by  State  au- 

*  In  1820  the  Supreme  Court  of  the  United  States  decided  that  the 
federal  government  has  the  right  to  establish  banks. 


PAPER  CURRENCY  321 

thority.  There  were  three  of  these  in  existence  at  the 
time  of  the  establishment  of  the  government,  and  in  1837, 
when  the  Bank  of  the  United  States  was  crushed,  there 
were  nearly  eight  hundred.  The  State  banks  issued  bank 
notes,  but  these  could  not  be  legal  tender,  the  Constitution 
providing  that  no  State  can  make  anything  but  gold  and 
silver  a  legal  tender  (73).  The  notes  of  the  State  banks 
were  like  the  promissory  notes  of  an  individual,  one  could 
accept  them  or  not  as  one  pleased.  After  the  downfall 
of  the  Bank  of  the  United  States  in  1837  a  very  large  part 
of  the  currency  of  the  country  consisted  of  the  notes  of  the 
State  banks.  In  some  States  the  banks  were  kept  under 
strict  control  and  were  compelled  to  keep  on  hand  sufficient 
specie  with  which  to  redeem  their  notes,  but  in  a  number 
of  States  there  were  no  such  safeguards  and  "wild-cat" 
banks  issued  notes  regardless  of  their  ability  to  redeem 
them.  The  outstanding  notes  of  State  banks  in  1860 
amounted  to  over  $200,000,000. 

In  1865  Congress  passed  a  law  imposing  a  tax  of  ten  per 
cent,  on  the  circulation  of  State  banks.  The  purpose  of  this 
tax  was  to  strengthen  the  new  national  bank  system  (see 
below)  by  driving  the  notes  of  the  State  banks  out  of  cir- 
culation. The  law  succeeded  in  its  purpose.  "The  power 
to  tax  is  the  power  to  destroy."  State  banks  redeemed 
and  cancelled  their  outstanding  notes  and  ceased  to  issue 
new  ones.  We  still  have  State  banks,^  but  they  do  not 
issue  bank  notes,  because  they  cannot  afford  to  pay  the  tax. 

National  Banks.  The  Civil  War  was  not  far  advanced  be- 
fore it  was  plain  that  the  State  banks  could  not  meet  the 
financial  demands  of  the  hour.  In  1861  the  New  York  banks 
suspended — ceased  to  redeem  their  notes  in  specie — and  the 
national  government  could  no  longer  borrow  gold  from 
them.  Accordingly,  in  1863  Congress  created  a  system  of 
national   danJis,   which   became   the   basis  of  our  banking 

*It  is  estimated  tliat  there  are  about  14,000  private  and  State 
banks  in  the  United  States. 


322  THE  AMERICAN  GOVERNMENT 

system  as  it  exists  at  present.  The  national  banking  law 
of  1863  has  been  modified  from  time  to  time,  but  its  essen- 
tial features  have  remained  unchanged.  Our  national 
banking  system  as  it  is  to-day  may  be  described  as  follows: 

(1)  National  banks  with  a  capital  of  $25,000  may  be 
organized  in  towns  of  less  than  3000  inhabitants ;  in  towns 
of  more  than  3000  and  less  than  6000  inhabitants  the  capital 
must  be  $50,000 ;  in  places  of  more  than  6000  and  less  than 
50,000  inhabitants  it  must  be  $100,000;  in  places  of  more 
than  50,000  it  must  be  $200,000. 

(2)  The  organizers  of  a  bank  (not  less  than  five  in  num- 
ber) must  purchase  United  States  bonds  equal  in  amount 
to  at  least  one  fourth  of  the  capital  of  the  bank  and  de- 
posit these  bonds  with  the  comptroller  of  the  currency  at 
Washington.  The  bank  remains  the  owner  of  these  bonds 
and  receives  interest  from  them. 

(3)  The  bank  receives  from  the  comptroller  naticmal 
hank  notes  equal  in  amount  to  the  par  value  of  the  bonds 
deposited.  These  bank  notes  are  not  legal  tender;  they 
are  promises  to  pay — like  the  old  notes  of  the  State  banks; 
like  any  bank  note,  in  fact. 

(4)  The  bank  notes  are  secured  by  the  bonds  in  the  pos- 
session of  the  Treasurer  of  the  United  States.  If  a  bank 
should  fail  in  business  and  be  unable  to  redeem  its  notes 
in  legal  tender  money,  the  comptroller  will  sell  the  bonds 
and  get  the  money  with  which  to  redeem  the  notes.  A 
bank  note  is  thus  as  good  as  a  government  bond,  as  good 
as  the  government  itself.  Banks  frequently  fail,  but  the 
holders  of  their  notes  have  never  lost  a  dollar  by  reason 
of  the  failure.^ 

United  States  Notes.  We  come  now  to  the  paper  currency 
issued  by  the  government.^     It  has  been  seen  that  during 

*  Under  the  national  banking  laws  more  than  7,500  banks  have  or- 
ganized with  a  total  issue  of  about  $850,000,000  in  bank  notes. 

'  During  the  War  of  1812  the  federal  government  issued  $36,000,000 
in  interest-bearing  treasury  notes,  but  these  were  not  legal  tender. 
They  were  all  redeemed  after  the  war  closed. 


PAPER  CURRENCY  323 

the  Civil  War  the  federal  government  issued  large  quan- 
tities of  inconvertible  paper  money,  making  the  same 
a  legal  tender  (p.  308).  The  notes  thus  issued  are  officially 
known  as  United  States  notes,  but  they  are  popularly 
called  greenbacks,  a  name  given  to  them  on  account  of  the 
green  color  of  their  backs.  These  greenbacks  have  played 
an  important  part  in  our  financial  and  political  history 
during  the  past  forty  years. 

In  all  $449,000,000  in  greenbacks  was  issued.  When  the 
war  was  over  the  government  began  to  destroy  them  when 
they  came  into  the  treasury,  just  as  one  destroys  a  promis- 
sory note  when  it  is  paid.  The  policy  of  retirement  (de- 
struction) of  the  greenbacks  continued  until  1868,  when 
the  people  demanded  that  the  retirement  should  cease; 
they  said  the  greenbacks  were  needed  in  business.  Con- 
gress obeyed  the  demand  and  ceased  to  retire  the  green- 
backs. 

Now  that  the  greenbacks  were  to  remain  in  circulation 
it  was  necessary  to  make  them  as  good  as  gold.  During 
the  war  and  the  years  immediately  following  it  they  had 
been  below  par;  a  dollar  in  greenbacks  could  not  be  ex- 
changed for  a  dollar  (23.22  grains  of  gold).  In  1875  Con- 
gress passed  a  measure,  the  purpose  of  which  was  to  make 
the  greenbacks  as  good  as  gold.  This  was  the  Redemption 
Act,  which  provided  that  after  January  1,  1879,  the  Secre- 
tary of  the  Treasury  should  resume  specie  payments,  or,  in 
other  words,  should  redeem  greenbacks  in  gold,  dollar  for 
dollar,  whenever  they  should  be  presented  at  the  treasury 
for  redemption.  To  enable  him  to  do  this  he  was  per- 
mitted to  sell  bonds  for  gold  and  keep  this  gold  in  the 
treasury  as  a  reserve  set  apart  especially  for  redemption 
purposes.  The  result  was  that  greenbacks  began  to  circu- 
late at  par.  When  redemption  day  arrived  the  Secre- 
tary had  on  hand  more  than  $100,000,000  of  gold,  but  no 
greenbacks  were  presented.  The  knowledge  that  they  were 
as  good  as  gold  satisfied  everybody  and  -  no  gold  was 
demanded. 


324  THE  AMERICAN  GOVERNMENT 

What  was  to  be  done  with  the  greenbacks  after  they  were 
redeemed?  Congress  in  1878  answered  this  question  by 
providing  that  when  a  greenback  was  redeemed  in  specie 
it  ' '  should  not  be  retired,  cancelled  or  destroyed,  but  should 
be  re-issued  and  paid  out  again  and  kept  in  circulation. ' '  ^ 
The  greenbacks  in  circulation  at  this  time  amounted  to 
$346,000,000,  and  this  amount  has  never  been  materially 
decreased. 

Under  the  Sherman  Act  of  1890  (p.  314)  the  treasury 
notes  as  well  as  the  greenbacks  could  be  presented  for  re- 
demption. In  1893  there  were  $150,000,000  of  these  notes, 
and  the  sum  was  increasing.  Here  was  $500,000,000  of 
paper  money,  greenbacks  and  treasury  notes  together,  and 
only  $100,000,000  of  gold  with  which  to  redeem  it.  As 
we  have  seen  (p.  314),  this  condition  of  affairs  alarmed  the 
financial  world  and  there  was  a  rush  to  the  treasury  with 
greenbacks  and  treasury  notes.  The  reserve  fell  rapidly, 
and  the  Secretary  (1894^1896)  was  compelled  to  sell  bonds 
(borrow  money)  to  the  amount  of  $262,000,000,  in  order  to 
keep  the  gold  reserve  at  the  $100,000,000  mark.  Under  the 
currency  law  of  1900  the  gold  reserve  must  be  $150,000,000, 
and  United  States  notes  are  redeemable  at  the  treasury 
in  gold. 

Why  have  not  the  greenbacks  been  retired  as  they  have 
been  redeemed  ?  The  friends  of  the  greenbacks  answer  that 
to  retire  them  would  contract  the  currency,  would  make 
money  scarce,  and  thus  lower  prices;  that  we  need  more 
money,  not  less  money.  The  enemies  of  the  greenbacks  say 
that  they  ought  to  have  been  retired  long  ago,  and  that 
under  a  sound  system  of  financiering  they  would  have  been 
retired;  that  they  have  already  cost  more  than  their  face 
value,  and  that  they  will  be  a  source  of  danger  as  long  as 
they  exist. 

Another  question:  Did  Congress  have  the  right  under 
the  Constitution  to  issue  paper  money  as  legal  tender? 
The  Supreme  Court  of  the  United  States  in  1884  an- 
^  20  Statutes  at  Large,  p.  87. 


PAPER  CURRENCY  325 

swered  this  when  it  declared  that  "Congress  has  the 
constitutional  power  to  make  the  treasury  notes  of  the  United 
States  a  legal  tender  in  payment  of  public  and  private  debts 
in  time  of  peace  as  well  as  in  times  of  war." 

The  Essential  Facts  of  our  Monetary  System.  We  are  now 
prepared  to  understand  the  following  summary  of  our  mone- 
tary system: 

(1)  The  federal  government  has  complete  control  of  all 
currency  issues  and  may  issue  legal  tender  paper  money  as 
well  as  gold  and  silver  currency. 

(2)  The  gold  dollar  of  23.22  grains  is  the  unit  of  mone- 
tary value,  and  the  coinage  of  gold  is  free.  The  amount  of 
gold  coined  from  year  to  year  is  wholly  a  matter  of  private 
initiative.  Government  does  not  regulate  it.  The  amount  is 
regulated  by  supply  and  demand — the  supply  of  gold  bul- 
lion and  the  demand  for  gold  coin. 

(3)  Silver  dollars  and  silver  certificates,  the  treasury 
notes  of  1890,  and  United  States  notes  (greenbacks)  are 
exchangeable  for  gold  at  their  face  value  upon  presentation 
at  the  treasury  of  the  United  States. 

(4)  This  redemption  is  made  possible  by  the  reserve  fund 
of  $150,000,000  in  gold  which  the  government  keeps  in  its 
vaults. 

(5)  The  paper  money,  when  redeemed  with  gold,  is  again 
used  by  the  government  in  the  payment  of  its  debts,  and 
thus  again  finds  its  way  into  circulation. 

(6)  The  volume  of  money  in  circulation  is  increased  by 
the  coinage  of  gold  at  the  mints  and  by  the  notes  issued  by 
banks, 

(7)  Bank  notes  are  as  good  as  gold  because  the  govern- 
ment bonds,  and  other  securities  which  are  back  of  them 
are  as  good  as  gold. 

QUESTIONS  ON  THE  TEXT 

1.  What  is  a  bank  note?  a  government  note? 

2.  For  what  purposes  did  Hamilton  establish  a  government  bank? 


326  THE  AMERICAN  GOVERNMENT 

Give  an  account  of  the  first  and  second  banks  of  the  United  States. 

3.  Give  an  account  of  State  banks  prior  to  the  Civil  War. 

4.  In  what  matters  did  the  State  banks  fail  to  meet  the  financial 
needs  of  the  government  during  the  Civil  Warf 

5.  Describe  the  present  national  bank  system. 

6.  Give  an  account  of  the  paper  money  issued  during  the  Civil  War. 

7.  Give  an  account  of  the  resumption  of  specie  payments. 

8.  What  was  done  with  the  greenbacks  when  they  were  redeemed? 

9.  Give  an  account  of  the  drain  on  the  gold  reserve  in  1893. 

10.  Why  are  the  greenbacks  not  destroyed  as  fast  as  they  are  re- 
deemed?    What  are  the  arguments  for  and  against  retirement? 

11.  What  was  the  decision  of  the  Supreme  Court  in  reference  to  the 
right  of  Congress  to  issue  paper  money? 

12.  What  are  the  provisions  of  the  Aldrich  Law? 

13.  What  are  the  essential  features  of  our  monetary  system? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  If  you  had  $100  in  a  bank  and  owed  a  man  living  at  a  distance 
$26.87,  how  would  you  be  likely  to  pay  the  debt?  Is  a  bank  check 
currency?  Does  it  take  the  place  of  currency?  A,  B  and  C  meet.  A 
owes  B  $5,  B  owes  C  $5,  and  C  owes  A  $5.  A  draws  a  check  for  $5 
and  pays  B;  B  pays  C  with  the  cheek;  C  pays  A  with  the  check.  After 
the  transaction  is  finished  and  each  has  a  receipt  A  remembers  that 
he  had  no  money  in  the  bank.     Can  a  debt  be  paid  without  money? 

2.  Draw  a  promissory  note.  Compare  the  language  of  the  note  with 
that  found  on  a  national  bank  note.  Under  what  conditions  would 
you  accept  the  promissory  note  in  payment  of  a  debt? 

3.  Study  what  is  printed  on  a  bank  note  and  answer  the  following 
questions:  Is  it  legal  tender  for  all  debts?  What  is  the  penalty  for 
counterfeiting  it?     When  and  where  was  it  issued? 

4.  Suppose  a  bank  note  which  you  hold  should  be  destroyed,  would 
the  bank  gain  by  reason  of  the  accident? 

5.  Study  what  is  printed  on  a  United  States  note  and  answer  the 
following  questions:  In  what  year  did  Congress  authorize  it  to  be  is- 
sued? Is  it  legal  tender?  What  is  the  punishment  for  counterfeiting 
it?  It  says:  "will  pay  the  bearer  five  dollars":  What  did  these  words 
mean  at  the  time  the  note  was  issued?    What  do  they  mean  now? 

6.  How  much  currency  per  capita  is  in  circulation  in  the  United 
States?     How  much  per  voter? 

7.  How  is  the  volume  of  currency  increased  as  more  is  needed? 

8.  Federal  Reserve  BanJcs: — In  1913,  Congress  established  a  system 
of  federal  reserve  banks.  The  purpose  of  these  banks  is  twofold:  to 
bring  about  a  more  even  diffusion  throughout  the  country  of  the 
money  that  is  already  in  circulation;  and  second,  to  make  such  ad- 
ditions to  the  present  volume  of  currency  as  the  conditions  of  trade 
may  require.  Under  the  federal  reserve  act  the  United  States  has 
been  marked  off  geographically  into  twelve  districts  and  in  one  of 
the  cities  of  each  district  there  has  been  established  a  federal  reserve 


PAPER  CURRENCY  327 

bank.  The  cities  which  have  federal  reserve  banks  are:  Boston, 
New  York,  Philadelphia,  Cleveland,  Eichmond,  Atlanta,  Chicago, 
St.  Louis,  Minneapolis,  Kansas  City  (Missouri),  Dallas,  and  San 
Francisco.  The  members  and  owners  of  a  federal  reserve  bank  are 
the  national  banks  within  the  district  and  such  State  banks  and 
trust  companies  as  may  choose  to  join  under  the  conditions  laid 
down  by  the  law.  The  federal  reserve  bank  is  a  bank  of  banks:  its 
depositors  are  the  member  banks  and  the  deposits  in  its  vaults  con- 
sist of  a  certain  specified  portion  of  the  reserve  fund  which  the  mem- 
ber banks  within  the  district  are  required  by  law  to  keep  in  their  pos- 
session for  the  safety  of  their  customers.  The  borrowers  from  a  re- 
serve bank  are  the  member  banks  within  the  district.  Before  1914,  a 
very  large  portion  of  the  reserves  of  banks  flowed  into  two  or  three 
financial  centers  and  there  was  a  harmful  congestion  of  money  in  those 
centers,  but  under  the  act  of  1913  the  reserves  of  the  banks  of  a  given 
district  will  be  kept  within  the  boundaries  of  that  district  and  con- 
gestion will  be  prevented.  Yet  under  certain  conditions  reserves  may 
flow  from  one  district  to  another,  for  in  an  emergency  funds  may  be 
transferred  from  one  reserve  bank  to  another,  if  in  the  judgment  of 
the  Federal  Reserve  Board  the  transfer  is  desirable. 

Additions  to  the  existing  volume  of  currency  are  made  under  the 
act  of  1918  by  the  issuance  of  federal  reserve  notes  by  any  federal 
reserve  bank  that  desires  to  issue  such  notes,  but  no  federal  reserve 
notes  can  be  issued  without  the  authority  of  the  Federal  Reserve  Board. 
Federal  reserve  notes  are  secured  not  by  bonds,  as  in  the  case  of 
national  bank  notes,  but  by  a  gold  reserve  equal  to  40%  of  the  face 
value  of  the  note  plus  an  amount  of  commercial  paper  (promissory 
note)  equal  to  100%  of  the  face  value.  Furthermore,  the  United 
States  Treasury  is  pledged  to  redeem  in  gold  all  federal  reserve  notes 
actually  presented  to  it  for  redemption- 

The  federal  reserve  banks  are  wholly  under  the  control  of  the  Fed- 
eral Reserve  Board.  Tliis  Board  consists  of  the  Secretary  of  the 
Treasury,  the  Comptroller  of  the  Currency,  and  of  five  members  ap- 
pointed by  the  President. 

9.  The  Amounts  of  the  Several  Kinds  of  Currency.  The  following 
table  prepared  by  the  comptroller  of  the  treasury  shows  the  general 
stock  of  money  in  the  United  States  November  1,  1915: 

Gold $2,198,113,762 

Silver 568,271,655 

Subsidiary  silver   186,730,386 

United  States  notes 346,681,016 

Federal  reserve  notes 169,390,000 

National  bank  notes 779,917,681 

Total $4,249,104,500 

Topics  for  Special  Worl\ — Government  Paper  Money:  21,  263-269. 
Greenbacks  and  Resumption:  22,  359-378.  The  National  Banks  and 
the  Panic  of  1907:    30,  467-469. 


XLIII 

FOREIGN   COMMERCE 

Introductory.  Commerce  is  the  exchange  of  goods,  mer- 
chandise, or  property  of  any  kind.  All  governments  find 
it  necessary  to  regulate  commerce.  In  the  United  States 
power  in  respect  to  commerce  is  divided  between  the  State 
and  the  federal  government.  Foreign  commerce,  interstate 
commerce  and  commerce  with  Indian  tribes  (47)  are  regu- 
lated by  Congress,  while  the  regulation  of  commerce  car- 
ried on  wholly  within  the  boundaries  of  a  State  is  the 
function  of  the  State  government.  The  subject  of  the  regu- 
lation of  commerce,  therefore,  may  be  treated  appropri- 
ately under  three  heads:  (1)  Foreign  Commerce,  (2)  Inter- 
state Commerce  and  (3)  Intrastate  Commerce.  In  this 
chapter  the  first  of  these  topics  receives  attention. 

The  Power  of  Congress  over  Foreign  Commerce.  Under 
the  Confederation  commerce  with  foreign  nations  was  in 
a  confused  and  disordered  condition.  Each  State  had  its 
own  custom-house  and  levied  such  duties  on  imports  as  it 
deemed  expedient.  There  was  no  uniformity  in  the  cus- 
toms rates  and  the  commercial  warfare  between  the  sev- 
eral ports  along  the  coast  was  destructive.  To  remedy 
these  evils  the  Convention  of  1787  placed  the  regulation 
of  foreign  commerce  wholly  in  the  hands  of  the  national 
government.  Of  course  it  was  asking  a  great  deal  of  a 
port  like  New  York  to  give  up  its  custom-house  receipts, 
yet  patriotism  in  the  Convention  prevailed,  and  the  States 
gave  up  their  power  to  collect  customs  duties  (74). 

328 


FOEEIGN  COMMERCE  329 

The  power  of  Congress  over  foreign  commerce  is  limited 
in  only  two  particulars:  (1)  It  must  deal  fairly  with  all 
the  ports  of  the  country,  and  not  give  one  port  a  preference 
over  another  (68)  ;  and  (2)  it  must  not  lay  any  tax  or  duty 
on  articles  exported  from  any  State  (67). 

The  power  of  government  to  regulate  commerce  is  con- 
strued very  broadly  and  extends  not  only  to  the  goods  ex- 
changed and  to  the  agencies  of  transportation,  but  to  the 
movement  of  persons  as  well.  Congress,  therefore,  in  the 
exercise  of  its  constitutional  power  can  do  much  to  in- 
fluence the  character  of  our  foreign  commerce  and  to  shape 
its  course.  Indeed,  Congress  can  prohibit  foreign  com- 
merce altogether,  as  was  illustrated  by  the  non-importation 
act  of  1806,  and  by  the  embargo  act  of  1807.  Under  the 
non-importation  act  foreign  goods  could  not  be  brought 
into  the  country,  and  under  the  embargo  act  vessels  could 
not  leave  the  harbors  of  the  United  States. 

Of  the  many  regulations  of  Congress  in  respect  to  for- 
eign commerce  the  most  important  refer  to  the  tariff,  to 
shipping,  and  to  immigration. 

The  Tariff;  Free  Trade  and.  Protection.  As  heretofore 
stated,  it  has  always  been  the  policy  of  the  United  States 
to  raise  a  large  part  of  the  national  revenue  by  means  of 
a  tariff  or  duty  laid  on  imported  goods  (p.  274),  On  what 
principle  shall  the  tariff  be  laid?  Shall  every  imported 
article  be  taxed  at  the  same  rate,  or  shall  some  be  taxed 
at  a  high  rate  and  others  at  a  low  rate  ?  Shall  some  kinds 
of  goods  be  allowed  to  come  in  free? 

From  the  beginning  of  our  national  history  to  the  present 
time  two  distinct  policies  have  been  advanced  in  reference 
to  foreign  goods:  (1)  the  free-trade  policy  and  (2)  the  pol- 
icy of  protection.  The  adherents  of  the  free-trade  policy, 
regarding  free  commercial  intercourse  between  nations  as 
a  good  thing  in  itself,  contend  that  taxes  on  foreign  goods 
should  be  levied,  not  with  the  view  of  keeping  the  goods 
out  of  the  country,  but  with  the  view  of  raising  the  neces- 


330  THE  AMERICAN  GOVERNMENT 

sary  revenue,  and  with  that  view  only.  The  adherents  of 
the  protective  policy,  desiring  to  protect  home  producers 
from  competition  with  foreign  goods,  would  levy  the  cus- 
toms, not  so  much  with  the  view  of  raising  revenue,  as  with 
the  view  of  at  least  discouraging  importations. 

The  essence  of  the  free-trade  argument  is  that,  under  nor- 
mal conditions  of  production  and  competition,  a  country 
will  satisfy  its  needs  with  the  least  possible  effort.  Those 
things  that  can  be  produced  with  the  greatest  economy  at 
home  will  be  so  produced,  and  any  surplus  will  be  exchanged 
abroad  for  what  other  nations  can  produce  with  less  of 
effort.  Commerce  between  two  countries,  each  of  which 
produces  according  to  its  natural  resources,  is  always  prof- 
itable to  both  countries,  the  free-traders  contend,  for  each 
country  exchanges  that  which  it  wants  less  for  that  which 
it  wants  more.  The  argument  of  the  protectionist  is  that 
by  imposing  high  import  duties  upon  certain  classes  of 
goods  and  thereby  partly  or  wholly  keeping  them  out  of 
the  country  you  encourage  the  production  of  those  goods 
at  home,  and  this  encouragement  results  in  new  occupations 
and  in  a  diversified  industry  at  home.  The  additional  pro- 
ducers thus  called  into  being  by  the  protective  tariff  are 
also  consumers,  and  they  buy  at  least  a  part  of  the  country 's 
surplus.  Another  argument  for  protection  is  based  upon 
the  difference  in  the  standards  of  comfort  and  rates  of 
wages  in  different  countries.  If  there  were  no  tariff  hin- 
drances the  lower  standard  and  the  lower  wage  would  be 
given  the  advantage  in  competition  and  workmen  would 
suffer  as  a  result. 

Tariff  Legislation  in  the  United  States.  The  first  act  that 
was  passed  by  Congress  relating  to  foreign  commerce 
(p.  274)  imposed  moderate  duties  on  the  commerce  of  all 
nations.  Its  main  object  was  to  raise  revenue,  although 
it  had  mild  protective  features.  The  active  principle  of 
protection  was  first  seen  in  a  law  passed  in  1816.  After 
the  War  of  1812  the  English  manufacturers  rushed  into 


FOREIGN  COMMERCE  331 

our  markets  with  their  goods  ''as  if  to  the  attack  of  a 
fortress."  To  shut  out  some  of  these  goods  and  protect 
American  manufactures  a  duty  of  twenty-five  per  cent, 
was  placed  upon  woolen  and  cotton  goods,  and  thirty  per 
cent,  upon  certain  other  goods,  notably  upon  carriages, 
shoes  and  paper.  These  high  duties  were  not  imposed  for 
the  sole  purpose  of  raising  more  revenue ;  they  were  im- 
posed for  the  protection  of  the  home  market. 

By  1824  a  change  had  taken  place  in  the  attitude  of  the 
different  sections  of  the  country  in  respect  to  the  tariff. 
The  South  had  become  an  important  producer  of  cotton, 
and  it  felt  that  the  tariff  interfered  with  the  profits  of 
the  trade  in  cotton  exports.  The  South,  therefore,  was 
opposed  to  a  protective  tariff.  The  West,  on  the  other 
hand,  was  anxious  for  manufacturing  centers  in  which  to 
dispose  of  agricultural  products  and  favored  a  protec- 
tive tariff.  The  growth  of  manufactures  in  New  England 
and  the  increase  of  the  iron  business  in  Pennsylvania  gave 
a  firmer  hold  to  the  protective  policy  in  those  quarters. 
As  a  resvilt  of  these  various  interests  the  tariff  rates  were 
increased  in  1824  to  an  average  of  thirty-seven  per  cent. 

Political  considerations  had  entered  into  the  tariff  act 
of  1824.  In  1828,  when  Congress  passed  a  new  tariff  act, 
complications  arising  out  of  the  presidential  fight  gave  the 
bill  a  still  more  distinct  political  complexion.  The  act 
as  passed  increased  the  tariff  on  manufactures  to  an  aver- 
age of  forty  per  cent,  and  increased  considerably  the  duty 
on  raw  materials.  The  tariff  of  1828  was  bitterly  opposed 
in  the  Southern  States,  because  in  those  States  there  were 
few  manufacturing  interests  to  be  protected,  and  because 
it  was  to  the  interest  of  the  South  to  have  free  trade  with 
England,  the  principal  customer  for  Southern  cotton,  hemp 
and  tobacco.  The  tariff  of  1828 — the  Tariff  of  Abomina- 
tions it  was  called — was  accordingly  overhauled  in  1832. 
Rates  were  reduced,  and  the  attempt  was  made  to  con- 
ciliate the  South  by  reductions  on  goods  needed  on  the 
plantations.     The  duty  on  cotton  goods  remained  the  same 


332  THE  AMERICAN  GOVERNMENT 

as  before,  and  the  rate  on  woolen  goods  was  increased  to 
fifty  per  cent.  There  was  still  a  distinct  adherence  to  the 
protective  principle. 

The  South  was  by  no  means  appeased.  South  Carolina 
even  threatened  secession  from  the  Union.  To  allay  this 
intense  opposition  Clay  came  forward  and  pushed  through 
Congress  the  compromise  tariff  of  1833.  This  bill  pro- 
vided for  a  gradual  reduction  of  the  tariff,  so  that  by  1842 
the  average  duty  had  become  reduced  to  twenty  per  cent. 
This  rate  did  not  produce  enough  revenue,  and  in  1842 
duties  were  increased  to  the  level  of  the  tariff  of  1833. 

In  1846,  when  the  revenues  were  more  than  were  needed, 
Robert  L.  "Walker,  the  Secretary  of  the  Treasury,  proposed 
and  had  carried  through  Congress  a  bill  which  brought 
a  general  reduction  in  the  tariff  rates.  Cotton  goods,  woolen 
goods  and  iron  were  affected  chiefly  by  the  reduction.  A 
tariff  bill  in  1857  reduced  the  tariff  ratio  to  a  point  lower 
than  it  had  been  since  the  inauguration  of  the  protec- 
tive system  in  1816.  The  panic  of  1857  brought  about  a 
falling  off  in  the  revenues  of  the  country.  In  1861  the 
Morrill  bill  was  passed  to  remedy  this  difficulty,  although 
the  chief  motive  back  of  this  bill  was  protection  to  manu- 
factures. 

The  Civil  "War  brought  frequent  increases  in  the  duties. 
The  climax  of  tariff  legislation  appeared  in  the  act  of 
1864.  This  act  was  intended  to  increase  the  revenues  and 
to  establish  the  protective  system  more  firmly  than  ever. 
The  average  rate  of  duties  was  increased  to  47.06  per  cent. 
Between  1864  and  1890  various  attacks  were  made  upon 
the  protective  policy,  but  without  marked  success. 

The  McKinley  bill,  which  Congress  passed  in  1890,  car- 
ried the  protective  principle  beyond  any  of  the  preceding 
acts.  A  slight  reaction  came  in  1893  when  the  Democratic 
party  was  restored  to  power,  but  the  resulting  tariff  bill 
(the  Wilson  bill,  1894)  introduced  only  one  striking  inno- 
vation— the  removal  of  the  duty  on  wool.  In  1897  the  Re- 
publican party  returned  to  power  and  passed  the  Dingley 


FOREIGN  COMMERCE  333 

bill,  which  in  some  directions  went  further  with  the  pro- 
tective principle  than  the  McKinley  bill  went.^ 

The  above  sketch  shows  four  things:  (1)  the  protective 
principle,  in  the  long  run,  has  gained  ground,  (2)  the  tariff 
has  always  been  an  important  issue  in  politics,  (3)  it  is 
exceedingly  difficult  to  frame  a  tariff  law  that  is  satis- 
factory to  all  sections,  (4)  our  tariff  policy  has  been  a 
fluctuating  one. 

It  is  regrettable  that  our  tariff  regulations  are  not  more 
stable.  Commercial  interests  doubtless  suffer  more  from 
repeated  changes  in  the  tariff  than  they  would  from  a  per- 
manently high  tariff  or  from  a  permanently  low  tariff. 

Regulations  of  Foreign  Shipping.  In  its  regulations  affect- 
ing vessels  engaged  in  foreign  trade  Congress  has  always 
aimed  to  protect  and  promote  American  shipping  interests. 
Only  vessels  built  within  the  United  States  and  wholly  be- 

^  In  1909  the  Payne  Tariff  slightly  reduced  some  of  the  schedules 
of  the  Dingley  Law,  while  in  1913  greater  reductions  were  made  by  the 
Underwood  Law.  The  operation  of  the  tariff  under  the  Dingley  and 
the  Payne  laws  may  be  fairly  well  learned  from  the  following  table: 


Articles  Value  Duties  collected 


Ad- 
valo- 
rem 
rate 

Sugar    $101,435,108.04  $57,024,675.34  56% 

Wool  and  woolen  goods 70,736,936.98  41,900,692.95  59% 

Cotton  manufactures    67,938,880.18  38,076,761.07  56% 

Fibers  and  goods  made  of  fibers     61,440,741.37  22,427,670.18  36% 

Iron  and  steel  manufactures 37,548,287.71  12,375,245.99  33% 

Silk   manufactures    33,083,666.91  17,675,021.40  53% 

Tobacco    manufactures    30,481,468.84  24,124,339.21  79% 

Chemicals,  drugs  and  dyes 30,934,400.55  7,346,884.01  23% 

Spirits,  wines  and  liquors 23,896,157.83  17,572,334.56  74% 

Fruits   and  nuts 21,223,009.68  8,438,755.54  40% 

Lumber    23,768,077.11  2,070,641.13  9% 

All  other  dutiable  articles 283,828,502.12  77,305,584.08  27% 

Total  dutiable    $786,315,237.32  $326,238,605.46     41% 

The  table  shows  the  customs  revenue  for  the  fiscal  year  1910.  The 
eleven  classes  of  articles  enumerated  in  the  table  paid  about  three- 
fourths  of  the  entire  customs  duties. 


334  THE  AMERICAN  GOVERNMENT 

longing  to  citizens  thereof  can  be  registered  as  American, 
unless  by  a  special  act  of  Congress.  Moreover,  unless  a 
vessel  is  officered  by  Americans  it  cannot  fly  the  American 
flag.  Vessels  engaged  in  foreign  commerce  must  as  a  rule 
pay  into  the  federal  treasury  an  annual  tonnage  tax — a 
tax  on  the  carrying  capacity  estimated  in  tons — but  this 
tax  is  made  to  fall  more  heavily  on  foreign  vessels  than  on 
those  registered  as  American.  Foreign  vessels  cannot  en- 
gage in  the  coasting  trade,  or  in  trade  between  the  United 
States  and  its  insular  possessions.  For  the  benefit  of  com- 
merce as  well  as  for  the  saving  of  human  life  the  federal 
goverrmient  supports  the  life-saving  service  which  patrols 
the  coast  and  sends  out  life-boats  and  throws  out  life-lines 
to  save  the  passengers  and  cargoes  of  vessels  in  distress. 

The  Regulation  of  Immigration.  Since  passengers  as  well 
as  goods  are  included  in  the  term  of  commerce,  immigration 
is  regulated  by  Congress.  During  the  greater  part  of  our 
history  we  encouraged  immigration,  for  in  the  development 
of  our  country  we  needed  all  the  brain  and  muscle  we  could 
get.  Had  it  not  been  for  the  millions  of  immigrants  who 
have  come  to  us  from  England,  Ireland,  Scotland,  Germany, 
Norway,  Sweden,  France,  Italy,  a  large  part  of  our  country 
would  still  be  a  wilderness. 

About  1880  Americans  began  to  feel  that  immigration 
on  a  large  scale  was  no  longer  desirable,  and  demanded 
that  restraints  be  placed  upon  the  admission  of  foreign- 
ers. First  the  Chinese  were  excluded.  In  1882  Con- 
gress, in  defiance  of  a  treaty  with  China,  prohibited  Chinese 
laborers  from  coming  into  the  United  States,  and  but 
few  of  these  people  have  entered  since  the  exclusion  law 
was  passed.  In  the  same  year  Congress  ordered  that  the 
character  of  all  immigrants  be  looked  into  and  commanded 
that  convicts,  lunatics,  idiots  and  other  persons  not  able 
to  take  care  of  themselves  should  not  be  admitted  into  the 
United  States,  but  should  be  sent  back  at  the  expense  of 
the   owners   of   the   vessels   upon   which   they   came.      By 


I 


FOREIGN  COMMERCE  335 

a  law  of  1885  it  is  made  unlawful  for  certain  classes  of 
laborers  to  enter  the  United  States,  if  they  have  previously 
entered  into  a  contract  to  perform  labor  here,  and  any 
person  brought  here  under  a  contract  to  perform  labor 
can  be  sent  back  at  the  expense  of  the  vessel  which  brings 
him  here.  As  a  further  hindrance  to  immigration  the  tax 
imposed  on  immigrants  has  been  increased  from  fifty  cents 
per  head  to  four  dollars  per  head.  These  restrictive  laws 
have  had  the  effect  of  checking  immigration  to  some  ex- 
tent, but  they  have  by  no  means  solved  the  immigration 
problem :  they  have  by  no  means  been  successful  in  keeping 
out  all  undesirable  foreigners  and  letting  in  only  those 
whose  presence  is  beneficial. 

QUESTIONS  ON  THE  TEXT 

1.  How  is  power  in  respect  to  commerce  divided? 

2.  What  is  the  extent  of  the  power  which  Congress  has  over  foreign 
commerce? 

3.  What  is  meant  by  free  trade?  by  protection?  Give  the  leading 
argument  for  free  trade;  for  protection. 

4.  Sketch  the  course  of  tariff  legislation  in  the  United  States. 

5.  What  may  be  learned  from  the  history  of  our  tariff? 

6.  What  regulation  has  Congress  made  in  respect  to  foreign  ship- 
ping? 

7.  Give  an  account  of  our  immigration  policy. 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Name  the  articles  of  commerce  which  can  be  easily  produced  in 
the  United  States.  Name  those  articles  which  cannot  be  easily  pro- 
duced. 

2.  Compare  graphically  the  volume  of  the  commerce  of  the  United 
States  with  that  of  each  of  the  leading  countries  of  the  world.  (See 
' '  Review  of  World 's  Commerce ' '  issued  by  the  Bureau  of  Foreign 
Commerce;   also  "Statesman's  Year  Book.") 

3.  What  class  of  business  men  suffer  when  the  tariff  is  suddenly 
raised?  when  it  is  suddenly  reduced? 

4.  What  is  meant  by  reciprocity?     What  are  subsidies?  bounties? 

5.  To  what  four  countries  do  we  sell  the  most?  From  what  four 
countries  do  we  buy  the  most? 

6.  What  do  you  think  should  be  the  policy  of  the  United  States  in 
reference  to  immigration? 


336  THE  AMERICAN  GOVERNMENT 

7.  What  is  the  present  policy  of  each  of  the  political  parties  in  ref- 
erence to  the  tariff? 

8.  In  what  way  will  the  Panama  Canal  be  likely  to  benefit  the  for- 
eign commerce  of  the  United  States? 

Topics  for  Special  Worh.—The  Protective  Tariff:  20,  491-503.  Ee- 
striction  on  International  Trade:  21,  387-410.  Immigration;  27,  68- 
111.    The  Underwood  Tariff:    30,  441-446. 


XLIV 

DOMESTIC     COMMERCE 

Interstate  and  Intrastate  Commerce.  Domestic  commerce 
is  that  which  is  carried  on  within  the  United  States,  and 
consists  of  interstate  commerce  and  intrastate  commerce. 
It  is  not  easy  to  draw  clearly  the  line  which  separates 
interstate  from  intrastate  commerce.  Broadly  speaking, 
when  a  commercial  transaction  begins  in  one  State  and 
ends  in  another,  that  transaction  is  a  subject  of  interstate 
commerce,  but  when  a  commercial  transaction  begins  and 
ends  in  the  same  State  it  is  a  subject  of  intrastate  com- 
merce. When  a  merchant  ships  his  goods  to  a  point  within 
a  State  he  engages  in  intrastate  commerce;  when  he  ships 
them  to  a  point  outside  of  the  State  he  is  engaged  in 
interstate  commerce.  A  railroad  which  has  its  termini 
and  the  whole  length  of  its  tracks  within  the  State  cannot 
be  regarded  as  being  engaged  in  interstate  commerce, 
but  a  railroad  which  has  its  termini  in  different  States 
must  be  so  regarded.  A  river  lying  wholly  within  a  State 
and  having  no  connection  with  bodies  of  water  extending 
beyond  the  boundaries  of  the  State — a  thing  which  rarely 
ever  occurs — is  an  instrument  of  intrastate  commerce,  but 
a  river  wholly  within  a  State  connecting  with  navigable 
waters  that  extend  beyond  the  boundaries  of  the  State  is 
regarded  as  an  instrument  of  interstate  commerce.  Does 
a  certain  commercial  act  or  a  certain  instrument  of  com- 
merce, a  river,  a  canal,  a  railroad,  concern  one  State  or 
more  than  one  ?    If  it  concerns  one  State  only  it  is  an  affair 


338  THE  AMERICAN  GOVERNMENT 

of  intrastate  commerce;  if  it  concerns  more  than  one  State 
it  is  an  affair  of  interst-ate  commerce. 

The  Regulation  of  Interstate  Commerce.  During  tlie  pe- 
riod of  the  Confederation,  commerce  between  the  States 
was  subjected  to  many  inconveniences  and  burdens.  Goods 
brought  into  one  State  from  another  were  treated  as  if 
they  were  goods  from  a  foreign  country.  When  the  New 
Jersey  farmer  carried  his  produce  to  New  York  he  was 
met  by  the  tax-collector  and  compelled  to  pay  a  tax  upon 
what  he  had  to  sell.  "When  a  vessel  from  Baltimore  sailed 
into  the  harbor  of  Boston  its  master  was  liable  to  be  called 
upon  to  pay  tonnage  before  unloading  his  cargo.  We  have 
seen  (p.  46)  that  it  was  unsatisfactory  trade  relations  be- 
tween Virginia  and  Maryland  that  led  to  the  calling  of  the 
Annapolis  Convention,  and  that  this  led  to  the  calling  of 
the  Constitutional  Convention  of  1787. 

The  men  of  the  convention  treated  the  whole  subject 
of  commerce  with  a  firm  hand.  They  gave  to  Congress 
complete  power  to  regulate  commerce  between  the  States 
(47).  They  forbade  a  State  to  lay  tonnage  (76)  or  any 
export  or  import  duty  without  the  consent  of  Congress 
(74).  Within  its  borders  a  State  can  regulate  its  commerce 
in  its  own  way,  but  goods  and  passengers  that  are  on  their 
way  from  one  State  to  another  are  placed  under  the  regu- 
lation of  the  federal  government. 

The  power  of  Congress  over  interstate  commerce  is  com- 
prehensive and  far-reaching.  It  extends  to  the  instruments 
of  commerce, — to  canals  and  vessels  and  railways  and  tele- 
graph lines,  and  to  the  persons  engaged  in  it,  as  well  as  to 
the  articles  of  commerce  themselves.  Under  the  provisions 
of  the  interstate  commerce  clause  a  State  is  not  permitted 
to  discrhninate  bj^  taxation  or  otherwise  against  residents 
of  other  States,  or  against  business  carried  on  by  them 
in  the  State.  A  State  can  interfere  with  interstate  traffic 
only  so  far  as  it  may  be  necessary  to  exercise  its  police 
power  (p.  390), 


DOMESTIC  COMMERCE  339 

The  Interstate  Commerce  Commission.  With  the  view  of 
remedying  evils  that  had  been  creeping  into  interstate  com- 
merce, Congress  in  1887  established  the  Interstate  Com- 
merce Commission  (p.  143)  and  clothed  it  with  some  sub- 
stantial powers  in  reference  to  the  regulations  of  railroads. 
The  law  which  created  this  commission  requires  that  freight 
and  passenger  rates  shall  be  just  and  reasonable,  that  there 
shall  be  no  discrimination  between  persons  and  localities; 
it  provides  that  there  shall  be  proper  facilities  for  the  in- 
terchange of  traffic  between  connecting  lines;  it  forbids 
the  issuance  of  free  interstate  passes;  it  requires  that  rail- 
roads print  and  make  public  their  freight  and  passenger 
rates.  A  supplemental  law  (the  Elkins  law,  passed  in 
1903)  forbids  rebates  and  provides  that  rates  lower  than 
those  published  shall  not  be  charged.  It  is  the  duty  of  the 
Interstate  Commerce  Commission  to  carry  these  provisions 
into  effect. 

In  1906  Congress  gave  the  Commission,  upon  the  com- 
plaint of  an  interstate  shipper  (or  passenger),  the  power  to 
do  away  with  a  rate  which  it  regards  as  unjust  or  unreason- 
able, and  to  fix  a  new  rate  which  it  regards  as  just  and 
reasonable.  In  1910  Congress  went  a  step  further  and  em- 
powered the  Commission  to  make  investigations  of  its  own 
motion,  and  when  it  finds  certain  rates  unreasonable  and 
unjust,  to  change  them,  even  though  there  has  been  no  com- 
plaint whatever.  Moreover,  by  the  law  of  1910  new  rate^ 
may  be  suspended  in  their  operation  by  the  order  of  the 
Commission,  and  if  they  are  found  by  that  body  to  be  unjust 
and  unreasonable  they  cannot  go  into  operation  at  all.  The 
railroads,  however,  may  appeal  to  the  federal  courts. 

Intrastate  Commerce.  The  power  of  the  State  over  com- 
merce which  concerns  only  the  people  within  its  borders 
is  unlimited.  It  is  the  custom  of  all  the  States  to  permit 
great  freedom  in  commercial  transactions  and  to  foster  the 
growth  of  commerce.  For  the  encouragement  of  commerce 
the   State,   or  the  locality  acting  for  it,   maintains  high- 


340  THE  AMERICAN  GOVERNMENT 

ways/  improves  rivers  and  harbors/  constructs  canals,  and 
in  rare  instances  builds  and  operates  railroads.  The  great 
Erie  Canal  owned  and  operated  by  the  State  of  New  York 
is  the  most  remarkable  instance  of  State  canal  building, 
although  many  other  States,  notably  Ohio,  Indiana,  Illi- 
nois and  Michigan,  have  aided  their  commerce  by  construct- 
ing canals. 

The  most  important  factor  of  commerce  is  transportation, 
and  transportation  for  the  most  part  begins  upon  a  com- 
mon highway,  upon  a  paved  street  or  upon  a  country  road. 
The  construction  of  roads  and  streets  and  bridges  is  almost 
everywhere  a  function  of  the  local  government,  the  town- 
ship or  county  or  municipality.  In  many  States  the  high- 
ways are  being  taken  out  of  the  hands  of  local  authorities, 
and  are  being  placed  under  the  control  of  the  State  govern- 
ment. This  is  the  case  in  Maine,  Massachusetts,  Rhode 
Island,  Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Maryland,  Delaware,  Ohio  and  several  other  States  in  the 
Middle  West.  Roads  in  these  States  are  constructed  in 
part  at  least  under  the  supervision  of  State  road  commis- 
sioners, and  the  cost  is  apportioned  to  the  State,  the  county 
and  the  local  district. 

Next  to  the  highways,  steam  railroads  and  electric-car 
lines  are  the  most  important  instruments  of  State  com- 
merce. Railroads  ordinarily  receive  their  charters  from 
the  State,  although  several  transcontinental  lines  have  been 
chartered  by  Congress.  Sometimes  the  State  not  only 
charters  the  railroad,  but  also  assists  with  money  in  its 
construction.  As  a  rule,  however,  the  States  have  kept  out 
of  the  railroad  business,  and  have  allowed  the  railroads  to 
be  constructed  by  private  enterprise.     Nevertheless,  rail- 

*  The  old  Cumberland  road  extending  from  Cumberland,  Maryland,  to 
Wheeling,  West  Virginia,  and  thence  through  Columbus,  Ohio  to  Van- 
dalia,  Illinois,  was  built  by  the  federal  government  (1806-1818),  but 
its  operation  was  left  to  the  States  through  which  it  passed. 

*  The  improvement  of  rivers  and  harbors  is  a  function  of  the  federal 
government  also,  and  Congress  habitually  appropriates  large  sums  for 
this  purpose. 


DOMESTIC  COMMERCE  341 

roads  demand  a  large  share  of  attention  upon  the  part 
of  the  State,  and  in  nearly  every  State  there  is  a  State 
railroad  commission  or  public  utility  commission  which 
performs  the  duties  of  a  railroad  commission.  These  State 
railroad  commissions  perform  for  intrastate  commerce  serv- 
ices similar  to  those  performed  for  interstate  commerce  by 
the  Interstate  Commerce  Commission:  they  see  that  the 
railroads  do  not  favor  one  locality  or  one  individual  at  the 
expense  of  another,  that  they  publish  their  rates,  and  that 
they  conform  generally  to  the  constitution  and  the  laws  of 
the  State.  In  several  States  the  railroad  commission  regu- 
lates intrastate  rates,  determines  where  stations  are  to  be 
located,  and  supervises  the  construction  of  crossings. 

The  Transmission  of  Intelligence.  Closely  allied  to  the  sub- 
ject of  commerce  is  the  transmission  of  intelligence.  The 
transmission  of  intelligence  by  the  telegraph  (or  telephone) 
is  an  affair  of  State  control  when  the  message  is  not 
sent  outside  of  the  State,  but  a  telegraphic  message  sent 
from  one  State  to  another  is  an  affair  of  interstate  com- 
merce and  comes  under  federal  regulation. 

The  universal  instrument  of  transmitting  intelligence  is 
the  post-office,  the  right  hand  of  commerce,  and  one  of 
the  greatest  forces  of  civilization.  In  colonial  times  there 
was  a  regular  system  of  postal  communication  between 
the  colonies,  and  the  old  Congress  of  the  Confederation 
maintained  a  line  of  posts  that  extended  from  New  Hamp- 
shire to  Georgia.  The  Convention  of  1787  placed  the  postal 
system  under  the  control  of  the  federal  government  (51), 
and  in  1794  Congress  established  the  Post-office  Department 
as  one  of  the  great  executive  branches. 

In  addition  to  the  transmission  of  intelligence  the  post- 
office  renders  several  other  valuable  services.  It  main- 
tains a  registry  system  which  reaches  every  post-office  in 
the  world  and  which  insures  the  safe  transit  and  delivery 
of  letters  and  packages ;  it  conducts  a  money-order  system 
by  which  money  may  be  transmitted  to  all  parts  of  the 


342  THE  AMERICAN  GOVERNMENT 

world  cheaply  and  with  safety;  it  hastens  the  delivery  of 
mail  by  means  of  a  special  delivery  system;  it  maintains  a 
parcels  post,  delivering  packages  to  all  places  within  the 
United  States  and  to  more  than  forty  foreign  countries ;  and 
it  manages  a  system  of  postal  savings-banks. 

QUESTIONS  ON  THE  TEXT 

1.  Distinguish  between  interstate  and  intrastate  commerce. 

2.  What  were  the  hindrances  to  interstate  commerce  during  the 
period  of  the  Confederation? 

3.  What  were  the  powers  of  Congress  in  reference  to  interstate  com- 
merce ? 

4.  Give  an  account  of  the  powers  and  duties  of  the  Interstate  Com- 
merce Commission.  In  what  respect  are  the  powers  of  this  commission 
insufficient? 

5.  What  are  the  powers  of  the  State  in  respect  to  intrastate  com- 
merce ? 

6.  To  what  government  is  the  construction  of  roads  usually  assigned? 
In  what  States  does  the  State  government  assist  in  the  construction  of 
roads? 

7.  How  does  the  State  usually  treat  the  subject  of  railroads? 

8.  Give  an  account  of  the  services  of  the  post-office  department. 

SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  What  does  the  constitution  of  this  State  say  about  commerce? 

2.  What  are  the  constitutional  provisions  in  this  State  in  reference 
to  railroads?  in  reference  to  roads? 

3.  Prepare  a  five-minute  paper  on  The  Value  of  Good  Roads. 

4.  Does  this  community  suffer  on  account  of  bad  roads?  If  so,  in 
what  way  does  it  suffer? 

5.  Prepare  a  five-minute  paper  on  The  Commerce  of  Your  State, 
naming  the  principal  articles  of  its  commerce,  describing  its  commer- 
cial centers,  its  highways,  its  railways  and  its  waterways. 

6.  Name  six  great  railway  systems  engaged  in  interstate  commerce. 

7.  Do  you  think  the  federal  government  should  assist  in  road  build- 
ing? 

8.  How  much  money  did  the  federal  government  spend  last  year  on 
the  improvements  of  rivers  and  harbors?  What  share  of  this  money 
did  this  State  receive? 

9.  What  effect  has  the  Erie  Canal  had  on  the  commerce  of  the 
United  States? 

10.  Examine  the  map  of  the  United  States  and  determine  where  ca- 
nals beneficial  to  commerce  might  be  constructed.  What  would  be  the 
probable   effect  on   commerce  of   a  canal  connecting  the  Mississippi 


DOMESTIC  COMMERCE  343 

Eiver  and  the  southern  waters  of  Lake  Michigan?    From  what  quarter 
would  opposition  to  such  a  canal  come? 

11.  Name  the  great  inland  centers  of  commerce  in  the  United  States. 
Describe  how  the  commerce  of  each  may  have  been  influenced  (1)  by 
rivers,   (2)  by  canals,  (3)  by  roads,   (4)   by  railroads. 

12.  Debate  this  question :  The  telegraph  business  should  be  conducted 
by  the  post-office  department. 

Topics  for  Special  Work. — Government  Control  of  Eailroads:  21, 
361-372.  The  Post-Oflfice  Department:  16,  176-187.  The  Public  Na- 
ture of  Eailroads:  20,  534-543.  Origin  of  the  American  Eailway:  26, 
13-23.  The  Power  of  Congress  to  Control  Interstate  Commerce:  30, 
483-485.  The  Court  of  Commerce  and  the  Federal  Incorporation  Law: 
30,  497-502. 


XLV 

ELECTIONS 

The  Importance  of  Elections.  The  holding  of  elections  is 
plainly  a  proper  function  of  government,  for  it  is  through 
the  election  that  the  people  express  their  will,  and  what- 
ever passes  as  an  expression  of  the  popular  will  should  have 
upon  it  the  stamp  of  government.  In  the  democracy  there  is 
no  task  of  government  that  requires  a  more  faithful  and 
honest  performance  than  the  holding  of  elections,  for  on 
election  day  popular  government  is  on  trial.  In  the  polling- 
booth  the  people  either  justify  their  right  to  rule  or  declare 
democracy  a  failure.  For  this  reason  the  election  should 
be  the  purest  of  political  institutions.  Election  officers 
should  be  men  of  the  highest  character,  and  election  laws 
should  be  the  embodiment  of  justice  and  fairness.  Cor- 
rupt practices  at  elections  should  be  punished  with  the 
greatest  severity,  for  a  fraud  upon  the  ballot-box  is  treason 
to  democracy,  and  should  incur  a  penalty  suitable  to  so 
great  a  crime. 

Elections  Conducted  by  State  Authority.  We  have  learned 
that  the  right  of  suffrage  and  the  qualifications  of  voters 
are  determined  by  State  authority  (p.  103).  The  holding 
of  elections  is  also  almost  entirely  an  affair  of  the  State. 
The  only  instance  of  the  power  of  the  federal  government 
to  participate  in  the  management  of  elections  is  seen  in 
the  right  of  Congress  to  make  regulations  concerning  the 
elections  held  for  choosing  representatives  (24).  Under 
this  clause  of  the   Constitution  Congress   could  doubtless 

344 


ELECTIONS  345 

provide  for  an  almost  complete  control  of  the  election  of 
representatives,  but  it  has  refrained  from  using  its  power 
to  the  fullest  extent.  It  has  been  content  merely  to  appoint 
a  day  (p.  124)  on  which  the  elections  of  representatives  shall 
be  held,  and  to  require  the  division  of  the  State  into  dis- 
tricts, leaving  all  other  matters  to  the  State.  This  accords 
with  the  American  principle  of  a  decentralized  government. 

Registration.  The  real  work  of  preparation  for  election 
day  is  accomplished  by  the  voluntary  action  of  political 
parties.  One  step  in  the  work  of  preparation,  however, 
is  taken  under  the  direction  of  government.  This  is  the 
registration  of  voters. 

All  the  States  but  two  provide  for  a  system  of  registra- 
tion,^ by  which  the  qualifications  of  those  who  wish  to  vote 
are  ascertained  several  weeks  before  election  day.  "When 
a  person  who  has  been  duly  registered  presents  himself  at 
the  polls  as  a  voter,  the  election  officials,  with  the  registra- 
tion book  before  them,  have  little  trouble  in  satisfying  them- 
selves of  his  right  to  vote.  There  is  no  doubt  that  registra- 
tion is  a  great  enemy  of  fraudulent  voting. 

The  Casting  and  Counting  of  the  Ballots.  In  nearly  every 
State  the  first  Tuesday  after  the  first  IMonday  in  November 
is  general  election  day.  On  this  day  the  voters  repair  to 
the  polls  to  elect  whatever  officers  are  to  be  elected,  and 
to  vote  upon  any  questions  that  may  be  referred  to  the 
people.  For  convenience  the  counties  and  cities  are  sub- 
divided into  election  districts  or  precincts,  a  precinct  usu- 
ally containing  several  hundred  voters.  The  election  is 
conducted  by  the  election   officers  of  the  district,   judges 

^  Registration  is  required  in  New  York  in  villages  and  cities  of  5,000 
inhabitants  and  upward;  in  Iowa  in  cities  of  over  3,500;  in  Nebraska 
in  cities  of  over  7,000 ;  in  Kentucky  in  cities  and  towns  of  over  3,000 ; 
in  Ohio  in  cities  of  over  10,800;  in  Kansas  in  cities  of  first  and  second 
class;  in  Missouri  in  cities  of  over  100,000;  in  Wisconsin  in  villages 
of  over  2,000;  in  Washington  in  all  places  where- the  voters  number 
250  or  more.    In  Arkansas  and  Texas  registration  is  not  required. 


346  THE  AMERICAN  GOVERNMENT 

(moderators)  and  clerks,  who  are  either  elected  by  popu- 
lar vote,  or  are  appointed  by  a  duly  constituted  authority. 

The  voting  goes  on  during  the  hours  of  daylight,  and  in 
most  of  the  States  is  conducted  according  to  the  Australian 
system.  The  voter  enters  a  little  booth  and  prepares  his 
ballot  while  alone.^  He  makes  a  cross  mark  opposite  each 
of  the  names  of  the  candidates  for  whom  he  wishes  to  vote, 
folds  his  ballot  in  such  a  way  that  no  one  can  see  how 
he  has  voted,  and,  emerging  from  the  booth,  hands  the 
ballot  to  an  election  officer  who,  in  the  presence  of  the 
other  officers,  and  in  the  presence  of  the  voter,  drops  it  into 
the  ballot-box.  Thus  the  voter,  if  he  desires  to  do  so,  can 
cast  his  ballot  in  perfect  secrecy. 

The  counting  of  the  votes  begins  in  the  evening  imme- 
diately after  the  polls  are  closed.  The  results  of  the  elec- 
tion in  the  several  precincts  are  sent  to  certain  county 
(or  city)  officers,  who  determine  the  results  of  the  vote 
in  the  entire  county  and  issue  certificates  of  election  to 
the  successful  candidates.  When  State  officers,  or  congress- 
men, or  circuit  judges,  or  presidential  electors  are  voted 
for,  county  authorities  send  the  results  of  the  vote  in  the 
several  counties  to  State  officers,  who  determine  the  gen- 
eral result  and  issue  certificates  to  the  successful  candi- 
dates. 

The  Advantages  and  Disadvantages  of  Secret  Elections. 

The  secret  ballot,  as  we  have  it  to-day,  is  an  invention  of 
recent  years.  Men  of  middle  age  remember  when  it  was 
the  universal  custom  to  cast  the  ballot  openly,  and  when 
election  officers  and  bystanders  could  readily  tell  how  a 
man  voted.  Under  the  open  ballot  system,  bribery  was 
simple  and  easy.  The  bribe-giver  personally  conducted 
the  bribe-taker  to  the  ballot-box  and  saw  that  he  voted 
the  way  he  was  paid  to  vote.  The  open  ballot  also  invited 
intimidation.     Employers    could    inform    their    employees 

*  In  ten  States  voting  machines  have  made  their  appearance  and 
are  used  to  a  limited  extent. 


ELECTIONS  347 

as  to  how  it  was  desirable  that  they  should  vote,  and  could 
keep  watch  at  the  polls,  and  if  an  employee  voted  contrary 
to  the  wishes  of  an  employer  he  was  liable  to  suffer  for 
his  independence.  To  check  bribery  and  intimidation  the 
Australian  or  secret  system  of  voting  has  been  adopted. 

It  cannot  be  denied  that  the  secret  ballot  makes  intimi- 
dation and  bribery  more  difficult  than  they  were  under  the 
older  plan,  and  due  praise  must  be  accorded  to  a  system 
that  decreases  these  evils.  Nevertheless  it  must  be  acknowl- 
edged that  secret  voting  is  not  an  unmixed  blessing.  It 
tends  to  discourage  a  spirited,  aggressive  citizenship.  A 
man  who  knows  that  if  he  will  guard  his  tongue  well  his 
neighbor  will  not  be  able  to  tell  for  what  candidate  or  for 
what  party  he  intends  to  vote  is  tempted  to  conceal  his 
political  opinions  in  order  to  escape  any  disagreeable  con- 
sequences that  might  attend  an  expression  of  them.  In 
other  words,  secret  voting  tends  to  smother  and  deaden 
rather  than  to  awaken  and  strengthen  a  public  spirit  in  the 
individual.  Again,  the  secret  ballot  may  be  used  to  work 
revenge  or  to  express  personal  dislike  or  to  vent  personal 
spleen  or  to  give  effect  to  some  other  unworthy  motive 
of  a  private  nature.  In  the  secrecy  of  the  polling-booth 
private  considerations  will  often  induce  a  man  to  deal  mean 
little  blows  that  he  would  be  ashamed  to  deal  if  the  light 
of  publicity  were  beating  upon  his  actions. 

Bribery.  The  most  persistent  and  dangerous  enemy  of 
honest  elections  is  the  bribe-giver.  Bribery  is  as  old  as 
selfishness  and  ambition.  Because  the  sons  of  Samuel  took 
bribes  (b.  c.  1100)  ancient  Israel  was  hurried  into  monarchy. 
Pretorian  guards  of  Rome,  seduced  by  gold,  raised  a  usur- 
per to  the  imperial  throne  (193  a.  d.),  and  at  once  the  glory 
of  the  greatest  empire  the  world  has  seen  began  to  grow 
less.  In  England  bribery  increased  with  the  growth  of 
representative  government,  and  in  Shakespere's  time  it 
was  causing  the  hands  of  Englishmen  "to  shrink  up  like 
withered  shrubs."    Parliament  enacted  laws  against  bribery 


348  THE  AMERICAN  GOVERNMENT 

at  an  early  date,  but  the  laws  were  outwitted.  Homely 
verses  written  nearly  two  hundred  years  ago  declare  the 
truth,  that  mere  legislation  will  not  prevent  bribery : 

The  Laws  against  Bribery  provision  may  make. 
Yet  means  will  be  found  both  to  give  and  to  take; 
While  charms  are  in  flattery,  and  power  in  gold, 
Men  will  be  corrupt  and  Liberty  sold. 

In  America,  as  in  England,  bribery  has  been  fought  in 
all  the  ways  known  to  law-makers.  In  some  States  penal- 
ties against  bribery  are  stated  in  the  constitution,  in  others 
stringent  acts  for  the  prevention  of  corrupt  practices  at 
elections  have  been  enacted.  In  all  the  States  bribery  is 
punishable  as  a  crime,  and  in  a  few  States  the  bribe-giver 
is  made  equally  criminal  with  the  bribe-taker.  A  civil 
officer  of  the  United  States  convicted  of  bribery  is  removed 
from  office  (104). 

Besides  the  opposition  which  government  has  directed 
against  it,  bribery  is  the  object  of  much  moral  crusading. 
Anti-bribery  societies  exist  for  the  purpose  of  prosecuting 
and  convicting  bribe-givers  and  bribe-takers;  candidates 
offer  themselves  for  election  on  anti-bribery  platforms;  the 
pulpit  denounces  bribery  as  bitterly  as  it  was  denounced  by 
the  prophets  of  old;  the  press  exposes  bribery  and  heaps 
scorn  upon  the  guilty. 

The  fact  that  bribery  thrives  here  and  there  in  spite 
of  law  and  public  sentiment  should  not  discourage  the  op- 
ponents of  the  evil.  Bribery,  like  some  other  kinds  of 
crime,  is  an  ever  present  foe,  and  the  fight  against  it  must 
go  on  and  on.  We  must  not  make  the  mistake  of  thinking 
that  legislation  and  denunciation  and  opposition  are  of  no 
use,  for  they  are  of  the  greatest  use.  If  it  were  not  for 
anti-bribery  laws  and  anti-bribery  movements,  if  it  were 
not  for  the  ceaseless  fight  against  bribery,  the  electorate 
would  suffer  an  undermining  by  the  hands  of  the  bribe- 
giver that  would  doubtless  lead  to  our  downfall.     We  are 


ELECTIONS  349 

not  doing  a  vain  thing  when  we  fight  bribery,  but  a  very 
necessary  and  a  very  useful  thing. 

The  Usefulness  of  Frequent  Elections.  Under  representa- 
tive government  the  election  is  the  all-important  institu- 
tion; all  that  is  good  and  all  that  is  bad  in  our  political 
life  flows  through  the  ballot-box.  To  be  present  at  the  polls 
on  election  day,  if  possible,  is  the  first  duty  of  citizenship. 
We  hear  people  complain  of  the  frequency  of  elections. 
They  tire  of  politics  and  grudge  the  time  it  takes  to  vote, 
and  they  wish  officers  were  elected  for  longer  terms  so 
that  election  day  would  not  come  around  so  soon.  Such 
people  advance  a  most  dangerous  doctrine.  If  elections  oc- 
curred only  at  long  intervals,  the  people,  absorbed  in  their 
private  affairs,  would  gradually  come  to  know  and  think 
and  care  less  and  less  about  their  government,  and  they 
would  grow  more  and  more  willing  that  responsibility  for 
its  management  should  pass  out  of  their  hands.  This  would 
be  the  straight  road  to  despotism.  Frequent  elections,  on 
the  other  hand,  keep  the  minds  of  the  people  fixed  upon 
their  officials  and  upon  the  doings  of  government,  and  in 
this  way  citizenship  is  kept  vigilant  and  strong.  It  is 
politically  wholesome  to  vote  at  least  once  a  year.  A  long 
interval  between  elections  would  mean  the  decay  of  repre- 
sentative government. 

QUESTIONS  ON  THE  TEXT 

1.  Why  is  the  holding  of  elections  a  highly  important  function  of 
government? 

2.  Under  what  authority  are  elections  held?     To  what  extent  does 
the  federal  government  have  authority  over  elections? 

3.  What  are  the  purposes  of  registration? 

4.  Describe  the  method  of  casting  and  counting  ballots. 

5.  What  are  the  advantages  and  disadvantages  of  the  secret  ballot?' 

6.  What  can  you  say  of  the  persistence  of  bribery  in  the  history  of 
politics? 

7.  What  forces  operate  to  check  the  evil  of  bribery? 

8.  Why  should  the  practice  of  holding  elections  at  short  intervals  be 
continued? 


350  THE  AMERICAN  GOVERNMENT 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  What  does  the  constitution  of  this  State  say  about  elections? 
What  does  it  say  about  bribery? 

2.  Should  candidates  for  public  office  be  compelled  to  give  an  ac- 
count of  their  election  expenses? 

3.  How  much  better  is  the  bribe-taker  than  the  bribe-giver? 

4.  Bring  into  the  class  for  examination  a  ballot  used  at  a  recent 
election. 

5.  Name  something  that  you  as  an  individual  can  do  to  assist  in 
preventing  bribery. 

6.  What  are  the  regulations  in  this  State  in  reference  to  registration? 
Does  the  constitution  of  the  State  say  anything  about  registration? 

7.  Corruin  Practices  Acts — Intimidation  of  Voters.  In  many  States 
anti-bribery  laws  known  as  corrupt  practices  acts,  have  been  passed. 
The  nature  of  this  kind  of  legislation  may  be  learned  from  the  follow- 
ing passages  taken  from  the  corrupt  practice  act  of  one  of  the  States: 

' '  Whoever  gives  or  lends,  or  offers,  or  promises  to  give,  lend,  procure, 
or  endeavor  to  procure,  money  or  other  valuable  consideration,  to  or 
for  an  elector  or  other  person,  to  induce  such  elector  to  register  or 
refrain  from  registering  for  an  election,  or  vote  or  refrain  from  vot- 
ing at  an  election  for  a  particular  person,  question,  or  proposition; 
shall  be  fined  not  more  than  $500  or  imprisoned  in  the  penitentiary 
not  more  than  three  years,  or  both." 

In  the  same  State,  intimidation  of  voters  is  made  a  crime:  "Who- 
ever uses  or  threatens  to  use,  force,  violence,  or  restraint  ...  or  prac- 
tices intimidation  upon  a  person  in  order  to  induce  or  compel  such 
person  to  vote  or  refrain  from  voting  for  a  particular  candidate,  or 
being  an  employer  of  laborers  .  .  .  threatens  to  withhold  or  reduce  the 
wages  of,  or  to  dismiss  from  service,  an  employee,  in  order  to  induce 
or  compel  such  employee  to  vote  or  refrain  from  voting  for  a  particular 
candidate  at  an  election,  shall  be  fined  not  more  than  $2,000,  or  im- 
prisoned in  the  penitentiary  not  more  than  three  years,  or  both. ' ' 

8.  The  Short  Ballot.  Many  reformers  urge  the  adoption  of  the 
' '  short  ballot ' '  at  elections.  Where  the  ' '  short  ballot ' '  prevails,  only 
the  most  important  offices  are  made  elective  and  only  very  few  offices 
are  filled  by  election  at  one  time.  The  purpose  of  the  ' '  short  ballot ' ' 
is  to  enable  the  voter  to  examine  his  ticket  and  make  an  intelligent 
choice  of  candidates. 

Tovics  for  Special  TFor^-.— Bribery :  25,  138-161.  Voting  on  Election 
Day:  25,  80-119.  The  Short  Ballot:  30,  384-391.  A  Corrupt  Prac- 
tices Act:    30,  513-518.     Primary  Election  Legislation:     30,  378-384. 


XLVI 

EDUCATION 

Education  a  Function  of  Government.  The  school  as  a 
social  institution  is  almost  as  important  as  the  family.  In- 
deed, the  school  is  simply  an  extension  of  the  family. 
Parents,  instead  of  educating  their  children  themselves, 
place  them  under  the  care  of  teachers  to  whom  they  trans- 
fer during  school  hours  the  parental  authority.  In  all  en- 
lightened countries  governments  have  found  it  wise  either 
to  supervise  more  or  less  closely  or  to  control  the  educa- 
tion of  youth.  So  generally  is  this  true  that  we  are  justi- 
fied in  calling  education  a  function  of  government.  No 
government,  however,  assumes  complete  control  in  matters 
of  education;  no  just  government  denies  to  the  parent  the 
right  to  educate  the  child  in  the  home,  but  it  is  a  proper 
function  of  government  to  require  that  the  child  receive 
a  certain  minimum  of  instruction  somewhere,  either  in  the 
home  or  in  the  school. 

Education  and  Democracy.  In  a  democracy  the  very  life 
of  the  State  is  dependent  upon  the  intelligence  of  the 
masses.  Since  an  ignorant  electorate  is  the  most  danger- 
ous of  foes,  school-houses  in  America  are  as  important  as 
a  means  of  defense  as  are  armies  and  navies.  The  truth 
that  the  safety  of  a  nation  is  to  be  sought  in  the  virtue 
and  intelligence  of  its  citizens  has  been  recognized  by 
statesmen  at  every  stage  of  development  of  American  in- 
stitutions, although  practical  measures  for  the  general 
diffusion  of  knowledge  have  often  been  unduly  postponed. 

351 


352  THE  AMERICAN  GOVERNMENT 

The  growth  of  the  public-school  system  in  the  United 
States  has  been  coincident  with  the  growth  of  democracy. 
During  the  colonial  period,  in  several  of  the  colonies  en- 
couragement and  aid  were  given  to  public  schools,  but  the 
masses  of  children  were  not  reached.  It  was  not  till  the 
people  began  to  come  forward  as  the  real  masters  of  gov- 
ernment that  provision  was  made  for  the  education  of  all 
the  children  of  a  community.  As  democracy  grew  stronger 
public  schools  became  more  numerous,  and  at  last  it  became 
the  policy  of  every  State  to  furnish  free  of  charge  an  ele- 
mentary education  to  every  child  within  its  borders.  The 
movement  for  the  education  of  the  masses  has  met  with 
astonishing  success.  There  are  to-day  in  the  public  schools 
of  this  land  more  than  twenty  millions  of  children  prepar- 
ing for  the  duties  of  citizenship  under  the  guidance  of  more 
than  half  a  million  of  teachers  at  an  annual  expense  of  more 
than  three-fourths  of  a  billion  of  dollars. 

Public  Education  Controlled  by  the  State.  Nothing  is  said 
in  the  Constitution  about  education.  The  States  reserved 
to  themselves  the  management  of  their  schools.  In  the 
constitution  of  each  State  provision  is  made  for  a  public- 
school  system.  This  provision  is  usually  made  in  the  broad- 
est terms.  The  constitution  of  Massachusetts,  which  was 
adopted  in  1780,  and  which  is  the  oldest  written  constitu- 
tion in  the  world  now  in  force,  declares  that  ''wisdom  and 
knowledge  as  well  as  virtue,  diffused  generally  among  the 
body  of  the  people,  being  necessary  for  the  preservation 
of  their  rights  and  liberties,  and  as  these  depend  upon 
the  opportunities  and  advantages  of  education,  ...  it  shall 
be  the  duty  of  the  legislature  and  magistrates  in  all  fu- 
ture periods  of  this  commonwealth  to  cherish  the  interests 
of  literature  and  the  sciences  and  all  the  seminaries  of 
them ;  especially  the  University  of  Cambridge,  public  schools 
and  grammar  schools  in  the  towns."  Upon  this  broad 
constitutional  foundation  a  magnificent  and  elaborate 
public-school  system  has  been  slowly  reared.     The  more 


EDUCATION  353 

recent  constitutions  are  occasionally  somewhat  specific  in 
reference  to  education,  yet  as  a  rule  their  lang^uage  is  broad 
and  general,  like  that  of  the  constitution  of  INIassachusetts. 
It  is  a  settled  policy  to  leave  the  details  of  education  to  the 
legislature. 

Education  a  Local  Affair.  As  it  has  been  the  custom  of 
constitutions  to  leave  the  details  of  educational  policy  to 
the  legislature,  so  it  has  been  the  custom  of  the  legislature 
to  leave  the  details  of  school  management  to  the  local 
government.  The  legislature  usually  passes  a  general 
school  law  which  provides  for  the  election  or  appointment 
of  certain  school  officers,  and  states  in  general  terms  the 
powers  and  duties  of  these  officers.  The  State  law  may 
further  specify  the  manner  in  which  text-books  shall  be 
furnished  to  pupils,  the  branches  which  shall  be  taught,  the 
limits  of  the  tax  which  may  be  levied  for  school  purposes, 
the  ages  between  which  children  may  attend  school,  and 
the  qualifications  of  teachers.  Further  than  this  the  legis- 
latures usually  do  not  choose  to  go  in  their  control  of 
the  schools;  they  are  content  to  leave  many  things  to  be  at- 
tended to  by  the  local  authority. 

In  most  of  the  States  school  management  is  a  separate 
and  distinct  branch  of  public  service.  School  officers  are 
independent  of  other  public  officers,  school  elections  are 
held  on  special  days,  school  taxes  are  levied  and  collected 
distinct  from  other  taxes.  This  is  not  always  the  case, 
but,  speaking  generally,  school  government  is  decentralized 
and  local.  Each  community  is  permitted  to  manage  its 
schools  in  pretty  much  its  own  way. 

The  School  District.  The  school  systems  of  no  two  States 
are  precisely  alike,  and  even  within  the  same  State  there 
are  sometimes  several  plans  of  school  government  in  opera- 
tion. Everywhere,  however,  there  is  a  unit  of  school  gov- 
ernment which  we  may  conveniently  designate  as  the 
school  district.     This  district  may  be  a  small  rural  area, 


354  THE  A:MERICAN  GOVERNMENT 

within  which  there  is  but  one  school-house  and  one  teacher ; 
it  may  be  a  township  with  several  schools ;  it  may  be  a  city 
with  numerous  schools.  In  each  district  there  is  a  govern- 
ing body  known  by  different  names  in  different  States,  but 
most  frequently  called  the  school  board. 

The  local  board  usually  has  large  powers  of  control.  It 
appoints  teachers,  locates  and  erects  school  buildings,  makes 
rules  for  the  guidance  of  teachers  and  pupils,  selects  the 
text-books,  and  sometimes  prescribes  a  course  of  study.  In 
many  States  the  officers  of  the  district  fix  the  rate  of 
taxation  which  is  levied  for  school  purposes.  In  the  ex- 
ercise of  these  important  functions  they  are  limited  and 
restrained  at  certain  points  by  State  law,  but  very  fre- 
quently these  limitations  and  restraints  do  not  bear  heavily 
upon  them. 

School  Supervision.  In  the  county  there  is  usually  a  su- 
pervising school  official  known  as  the  County  Superinten- 
dent.^ The  duties  of  this  officer  have  been  stated  (p.  200). 
A  large  town  or  city  frequently  has  its  own  superintendent 
of  schools,  and  when  this  is  the  case  the  supervision  of 
the  county  superintendent  does  not  extend  to  the  schools 
of  the  town  or  city.  The  State  Superintendent,  who  is 
in  a  sense  a  supervising  officer,  and  the  State  Board  of 
Education,  which  has  a  few  supervising  powers,  have  re- 
ceived notice  heretofore  (p.  173). 

Under  the  regulations  of  a  few  States,  school  supervision 
means  a  control  that  is  quite  close  and  complete;  often, 
however,  the  superintendent  has  only  a  shadow  of  author- 
ity. The  superintendent  of  a  single  district,  as  of  a  city, 
frequently  exercises  real  power,  but  a  superintendent  of 
a  large  area  consisting  of  a  number  of  districts,  or  embrac- 
ing perhaps  an  entire  State,  seldom  can  do  more  than  sug- 
gest or  advise.  The  spirit  of  local  self-government,  which 
is  so  strong  when  manifesting  itself  in  school  matters, 
makes  it  difficult  for  a  superintendent  from  the  outside  to 

^In  New  York  and  Michigan  the  officer  is  called  a  commissioner. 


EDUCATION  355 

manage  affairs  within  the  district.  Indeed,  it  is  only  in  a 
few  States  that  the  law  gives  substantial  authority  to  any 
officer  outside  the  district. 

The  Support  of  the  Public  Schools.  The  local  features 
of  school  government  extend  to  the  matter  of  taxation  for 
their  support.  Nearly  three  fourths  of  the  vast  sum  ex- 
pended upon  public  education  in  the  United  States  is  raised 
by  local  taxation.  This  means  that  the  people  of  a  com- 
munity vote  to  take  from  their  own  pockets  money  for  the 
support  of  the  schools  of  the  community.  This  fact  alone 
would  explain  the  affection  in  which  the  public  schools  are 
held.  The  people  feel  that  the  schools  are  their  own  be- 
cause they  contribute  directly  to  their  support. 

Public  school  revenues  which  are  not  raised  by  local  taxa- 
tion are  derived  from  various  sources.  One  important  source 
is  the  State  school  tax,  so  frequently  levied.^  The  opera- 
tion of  this  tax  is  as  follows:  The  legislature  levies  a  tax 
on  all  property  of  a  certain  class  within  the  State,  and 
when  this  has  been  collected  it  is  distributed  to  the  counties 
or  districts  throughout  the  State  according  to  a  certain 
rule,  usually  according  to  the  number  of  children  of  a 
school  age.  Under  the  workings  of  the  State  school  tax, 
money  is  collected  from  all  parts  of  the  State,  each  locality 
contributing  according  to  its  ability;  the  money  is  then 
diffused  over  the  entire  State,  each  locality  receiving  ac- 
cording to  its  needs.  In  this  way  the  wealthier  communities 
help  the  poorer  ones. 

In  most  of  the  States  an  important  school  revenue  con- 
sists of  interest  derived  from  the  permanent  State  funds 
which  have  been  acquired  by  the  sale  of  public  lands. 
In  the  original  States  the  revenue  derived  in  this  way 
is  not  large,  but  in  the  admitted  States  the  public  lands 
have   been   the    life-giving   principle    of   the    public-school 

^In  several  States  the  legislature  appropriates  a  lujiip  sum  aud  dis- 
tributes this  to  the  several  school  districts.  Pennsylvania  distributes 
annually  $7,500,000  in  this  way. 


356  THE  AMERICAN  GOVERNMENT 

system.  It  will  be  remembered  that  one  of  the  clauses  of 
the  Ordinance  of  1787  declared  that  ' '  schools  and  the  means 
of  education  should  be  forever  encouraged"  (p.  65).  In 
conformity  with  the  spirit  of  the  ordinance,  whenever  a 
new  State  was  admitted,  Congress,  which  had  control  of 
public  funds,  set  aside  section  No.  16  in  every  township  ^ 
as  belonging  to  the  public  schools.  Since  1848  whenever 
a  new  State  has  been  admitted  section  No.  36  has  also  been 
dedicated  to  educational  purposes.  These  lands  have  been 
given  to  the  State  legislatures  for  the  use  of  the  schools, 
and  when  they  have  been  sold  to  private  purchasers 
the  proceeds  have  been  invested.  The  interest  accruing 
from  the  investments  is  distributed  among  the  schools 
annually. 

Common  Schools,  High  Schools,  Universities  and  Normal 
Schools.  The  State  first  provides  for  a  system  of  common 
sdiools,  in  which  the  fundamental  branches  may  be  taught. 
The  curriculum  of  these  schools  includes  reading,  spelling, 
writing,  arithmetic,  grammar,  geography  and  history. 
Above  the  common  schools  there  is  in  every  State  a  sys- 
tem of  high  schools,  in  which  pupils  may  receive  instruction 
in  the  natural  sciences,  in  literature,  history  and  civics,  in 
the  higher  mathematics,  and  in  the  ancient  and  modern 
languages.  To  crown  its  educational  system  the  State  fre- 
quently maintains  a  university  which  its  youth  may  attend 
without  charges  for  tuition.  To  provide  a  supply  of  com- 
petent teachers  for  its  common  schools  the  State  usually 
supports  one  or  more  normal  schools. 

The  Educational  Activities  of  the  Federal  Government. 

Under  its  power  to  provide  for  an  efficient  army  and  navy 

^  A  township  in  the  West  usually  consists 
of  a  tract  of  land  6  miles  square.  Each 
square  mile  is  a  section.  There  are,  there- 
fore, in  a  township,  36  sections.  These 
are  numbered  as  indicated  in  the  accom- 
panying figure. 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

EDUCATION  357 

the  federal  government  supports  and  controls  two  great 
training-schools,  the  Military  Academy  at  West  Point  and 
the  Naval  Academy  at  Annapolis.^ 

Each  congressional  district  in  the  United  States  (also  each  Territory 
and  the  District  of  Columbia),  is  entitled  to  send  one  cadet  to  the  Mili- 
tary Academy.  In  addition  to  these,  each  State  is  entitled  to  two  cadets 
at  large  and  the  United  States,  forty  cadets  at  large.  The  appointment 
of  a  cadet  from  a  congressional  district  is  made  upon  the  recommenda- 
tion of  the  congressman  from  the  district;  cadets  from  the  State  at 
large  are  recommended  by  the  senators  of  the  State,  and  those  from 
the  United  States  at  large  are  appointed  by  the  President.  At  the 
Naval  Academy  there  are  two  midshipmen  for  each  Senator,  Repre- 
sentative and  delegate  in  Congress,  one  for  Porto  Eico,  two  for  the 
District  of  Columbia,  and  forty  at  large  appointed  by  the  President. 

Candidates  for  both  these  schools  must  be  physically  sound  and  of 
robust  condition.  Candidates  for  the  Military  Academy  must  not  be 
under  17  nor  over  21  years  of  age  and  must  undergo  an  examination  in 
the  common  branches,  algebra  through  quadratic  equations,  physical 
geography,  the  outlines  of  general  history  and  physiology  and  hygiene. 
The  pay  of  a  military  cadet  is  $709.50  a  year.  Candidates  for  the 
Naval  Academy  must  not  be  under  16  nor  over  20  years  of  age  and 
must  undergo  an  examination  similar  to  that  set  for  applicants  for 
entrance  to  the  Military  Academy.  The  pay  of  a  midshipman  is  $600 
a  year.  The  course  of  the  military  cadet  is  four  years;  that  of  mid- 
shipmen four  years. 

We  have  seen  how  great  has  been  the  liberality  of  the 
federal  government  in  granting  lands  to  the  common  schools. 
It  has  been  equally  generous  in  its  encouragement  of  higher 
education  in  the  new  States.  It  is  estimated  that  more  than 
twenty  million  acres  of  the  federal  public  lands  have  been 
devoted  to  the  support  of  colleges  of  agriculture  and  the 
mechanic  arts.  Congress  appropriates  annually  the  sum 
of  twenty-five  thousand  dollars  to  each  State  (or  Territory) 
for  the  benefit  of  an  agricultural  college. 

The  chief  educational  officer  of  the  federal  government  is  the  Com- 
missioner of  Education,  who  has  charge  of  the  Bureau  of  Education,  a 
subdivision  of  the  Department  of  the  Interior.  Owing  to  the  complete 
separation  of  the  State  and  federal  governments  in  respect  to  educa- 

^In  addition  to  these  schools  the  federal  government  supports  and 
controls  certain  Indian  schools.  It  also  maintains  a  system  of  elemen- 
tary schools  in  our  insular  possessions. 


358  THE  AMERICAN  GOVERNMENT 

tion,  the  duties  of  this  national  oflScer  are  confined  to  the  collection  of 
educational  statistics  and  to  the  publication  of  these  and  other  matters 
of  interest  to  school  people.  This  bureau  has  charge  of  public  educa- 
tion in  Alaska. 

QUESTIONS  ON  THE  TEXT 

1.  To  what  extent  is  education  a  function  of  government? 

2.  What  can  be  said  of  the  importance  of  education  in  a  democracy? 
Trace  the  growth  of  popular  education  in  the  United  States. 

3.  Where  is  the  authority  for  public  education  located?  How  do 
State  constitutions  usually  treat  the  subject  of  education? 

4.  What  is  the  attitude  of  the  legislature  toward  the  management  of 
the  schools?     To  what  extent  does  the  legislature  control  the  schools? 

5.  What  is  meant  by  the  school  district?  What  are  the  powers  of 
the  officers  of  the  district? 

6.  Name  the  several  supervising  officers  of  a  school  system.  When 
does  the  superintendent  really  control  in  school  affairs? 

7.  From  what  source  is  the  greater  part  of  school  revenues  derived? 
Explain  the  State  school  tax.  Give  an  account  of  the  revenues  derived 
from  the  sale  of  public  lands. 

8.  Describe  each  of  the  several  gi-ades  of  schools  supported  by  the 
State. 

9.  Give  an  account  of  the  educational  activities  of  the  federal  gov- 
ernment. What  are  the  duties  of  the  United  States  Commissioner  of 
Education? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Does  the  constitution  of  this  State  provide  for  free  schools? 
Does  it  specify  in  reference  to  taxation  for  the  support  of  schools? 
in  reference  to  the  length  of  the  school  term?  in  reference  to  the  sub- 
jects to  be  taught?  in  reference  to  the  age  of  children  who  may  attend? 

2.  Are  children  in  this  State  compelled  by  law  to  attend  school?  If 
so,  state  whether  the  law  is  effective  or  not.  If  there  is  no  compulsory 
law  state  the  reasons  for  and  against  the  enactment  of  such  a  law. 

3.  Is  a  State  school  tax  levied  in  this  State?  If  so,  how  much  reve- 
nue does  it  yield?  How  much  per  pupil  is  expended  on  education  in 
this  State?  Compare  this  with  the  amount  expended  in  adjoining 
States. 

4.  What  is  the  governing  body  of  this  school  district  called?  How 
is  it  chosen?  What  are  the  names  of  its  members?  Make  out  a  list  of 
its  powers. 

5.  Bound  this  school  district.  How  many  pupils  are  within  it?  How 
much  money  is  expended  for  education  within  this  district?  How  much 
is  this  per  pupil?  Is  this  above  or  below  the  average  in  this  State? 
Do  the  people  of  the  district  elect  the  school  officers?  Do  they  con- 
tribute the  greater  part  of  the  taxes  which  go  to  the  support  of  the 
schools? 


EDUCATION  359 

6.  What  does  the  school  do  for  you  as  an  individual?  What  does  it 
do  for  society?     What  does  it  do  for  government? 

7.  Make  out  a  list  of  the  duties  which  pupils  owe  to  a  school;  a  list 
of  the  duties  which  the  teacher  owes  to  the  school;  a  list  of  the  duties 
which  the  school  officers  owe  to  the  school. 

8.  (In  some  schools  the  faculty  makes  the  rules,  decides  who  has 
broken  a  rule  and  punishes  the  offender.  Government  in  these  schools 
resembles  a  despotism.  In  other  schools  the  students  organize  as  a  com- 
monwealth, electing  from  their  number  (1)  a  council  which  makes  the 
rules,  (2)  a  court  which  decides  when  a  pupil  has  violated  a  rule,  and 
(3)  a  governor  who  executes  the  order  of  the  court.  In  these  schools 
government  resembles  a  democracy.)  Draw  up  a  constitution  for  the 
government  of  a  school  by  its  students,  providing  for  the  three  depart- 
ments, the  election  of  officers  and  the  distribution  of  powers.  Should 
the  terms  of  the  student  oflScers  be  for  short  or  for  long  periods?  What 
rules  would  be  wise  for  the  council  to  make  in  reference  to  tardiness? 
to  whispering?  to  absence?  to  truancy?  to  cheating?  to  rudeness? 

9.  What  advantages  does  a  school  derive  from  governing  itself? 
10.  Does  government  in  the  school  prepare  for  citizenship  outside  of 

the  school? 

Topics  for  Special  Work. — The  Education  for  a  Democracy :  4,  379- 
393.  State  Supervision  of  Schools:  18,  215-223.  Civic  Education:  17, 
97-117. 


XLVII 

CORPORATIONS 

Introductory.  We  have  already  learned  what  a  corpora- 
tion is  and  what  are  the  characteristics  of  a  corporation 
(p.  75).  We  have  also  learned  that  corporations  are  either 
public  or  private,  and  our  study  of  municipalities  was  a 
study  of  the  public  or  political  corporation.  We  shall  now 
study  the  private  corporation. 

Corporations  Created  by  State  Authority.  The  charters 
under  which  corporations  conduct  business  are  nearly  al- 
ways granted  by  State  authority.  The  Constitution  of  the 
United  States  has  no  specific  provisions  in  reference  to 
corporations,  yet  Congress  can  and  does  grant  charters 
to  corporations  organized  for  carrying  on  enterprises  which 
come  within  the  range  of  federal  authority.  For  example, 
Congress  under  its  power  to  regulate  the  currency  has 
granted  charters  to  national  banks;  under  its  power  to 
regulate  interstate  commerce  it  has  granted  charters  to 
transcontinental  railway  companies.  As  a  rule,  however, 
the  creation  and  regulation  of  corporations  are  State  func- 
tions. How  important  these  functions  are  may  be  seen  in 
the  State  constitutions,  where  the  article  on  corporations 
sometimes  requires  as  much  space  as  is  given  to  one  of  the 
three  great  departments.  ' '  Formerly, ' '  says  Justice  Brewer, 
' '  there  were  two  factors,  the  individual  and  the  State ;  now 
there  are  three,  the  individual,  the  State  and  the  corpora- 
tion." 


CORPORATIONS  361 

The  Corporation  in  Modern  Life.  The  private  corporation, 
although  it  is  of  ancient  origin,  was  not  an  important  factor 
in  society  until  the  middle  of  the  last  century.  To-day  it 
is  one  of  the  most  important  factors  of  civilization.  Private 
corporations  spin  and  weave  the  clothes  we  wear;  they 
control  the  manufacture  and  sale  of  much  of  the  food  we  eat ; 
they  supply  the  furniture  in  our  houses,  the  dishes  on  our 
table,  the  utensils  in  our  kitchens,  the  books  in  our  libraries, 
the  tools  in  our  shops,  the  implements  on  our  farms;  they 
lend  us  money  and  they  invest  our  money  for  us;  they 
insure  our  lives;  they  carry  us  from  place  to  place  on 
trolley-lines  and  railroads  and  steamboats.  In  whatever 
direction  we  turn  in  the  financial  or  commercial  or  industrial 
world  we  meet  the  private  corporations. 

The  Evolution  of  Corporate  Industry.  The  great  private 
corporation  of  to-day  is  the  outcome  of  changes  which  have 
been  occurring  in  commerce  and  industry  during  the  last 
two  centuries.  Before  the  eighteenth  century  commerce 
and  industry  were  organized  on  the  basis  of  individual 
effort.  Cloth  was  woven  in  a  shop  in  which  there  was  but 
one  loom,  and  the  operator  of  the  loom  was  its  owner. 
The  man  who  ground  the  grain  was  the  owner  of  the  mill. 
Shoes  were  made  by  the  owner  of  the  shop.  Passengers 
were  conveyed  from  town  to  town  in  a  coach  owned  by 
its  driver.  And  so  it  was  in  all  the  trades  and  occupations : 
they  were  all  organized  and  conducted  on  the  basis  of  in- 
dividual enterprise. 

About  the  middle  of  the  eighteenth  century  a  great 
change  began  to  come  over  the  face  of  industry.  In  1733 
John  Kay  invented  the  flying  shuttle  and  thereby  doubled 
the  efficiency  of  the  loom.  A  few  years  later  water-power 
was  applied  to  the  loom.  One  man  could  now  operate  two 
looms,  and  could  weave  four  times  as  much  cloth  as  could 
be  woven  before.  In  1769  Arkwright  brought  out  his  won- 
derful spinning-machine,  and  in  the  same  year  Watt 
patented  his   condensing   steam-engine.     These   inventions 


362  THE  AMERICAN  GOVERNMENT 

reorganized  the  textile  industry.  Instead  of  the  little  shop 
with  its  single  loom  and  weaver,  there  appeared  the  great 
factory  with  its  hundreds  of  looms  and  scores  of  operators. 
As  it  was  with  weaving,  so  it  was  with  other  industries: 
inventions  and  improved  machinery  caused  nearly  all  of 
them  to  be  conducted  on  a  new  plan. 

I.  The  Partnership.  How  was  this  reorganization  ac- 
complished? How  were  the  humble  shops  of  the  seven- 
teenth century  transformed  into  the  huge  factories  of  the 
eighteenth  century?  By  a  combination  of  the  wealth  and 
services  of  individuals.  The  single  craftsman  did  not  have 
enough  money  to  build  a  factory  and  equip  it  with  ma- 
chinery, so  several  persons  combined  their  capital  and 
formed  a  partnership.  The  partnership  as  a  legal  form  of 
business  association  is  almost  as  old  as  recorded  history, 
yet  it  had  never  before  been  brought  into  such  frequent 
use  as  during  the  industrial  revolution  of  the  eighteenth 
century.  The  two  important  legal  characteristics  of  a  part- 
nership are:  (1)  the  partners  are  individually  liable  for 
the  debts  of  the  partnership;  (2)  the  death  of  one  of  the 
partners  brings  the  partnership  to  an  end.  A  partner  is 
liable,  therefore,  to  lose  his  entire  fortune  in  paying  the 
debts  of  the  partnership,  and  the  partnership  is  liable  to 
be  brought  to  an  end  at  any  moment. 

II.  The  Corporation.  The  colossal  enterprises  which 
were  inspired  by  the  appearance  of  the  steamboat  and  the 
locomotive  and  the  telegraph  in  the  first  half  of  the  nine- 
teenth century  could  not  be  satisfactorily  conducted  under 
the  partnership  form  of  association.  Here  was  a  rail- 
road to  be  built  at  a  cost  of  five  million  dollars.  The  peo- 
ple of  the  region  through  which  the  road  was  to  pass  fa- 
vored the  enterprise  and  were  ready  to  invest  their  funds 
in  it,  but  men  with  money  were  loath  to  enter  into  a  partner- 
ship for  building  the  road  because  they  feared  they  might 
be  ruined  by  the  debts  of  the  partnership,  and  besides  they 
could  not  tell  when  the  enterprise  would  be  brought  to 
an  end  by  the  death  of  a  partner.     To  meet  these  objee- 


CORPORATIONS  363 

tions  of  investors  the  corporation  was  brought  into  use. 
The  corporation  does  not  die  with  the  death  of  a  member 
(p.  75),  but  lives  on  for  the  period  given  to  it  by  law, 
if  that  is  for  a  thousand  years.  This  immortality  of  the 
corporation  gives  time  for  the  accomplishment  of  great 
things.  Another  advantage  of  the  corporation  over  the 
partnership  is  that  the  shareholders  in  a  corporation  are 
not  individually  liable  for  the  entire  debt  of  the  company. 
Furthermore,  the  shares  in  a  corporation  can  be  easily 
transferred  and  sold  when  the  holder  wishes  to  dispose 
of  them.  Through  the  agency  of  the  corporation  the  build- 
ing of  the  coveted  railroad  was  made  possible.  To  raise 
the  money  fifty  thousand  shares  of  one  hundred  dollars 
each  were  offered  to  the  farmers  and  merchants  and  me- 
chanics and  capitalists  of  the  communities  to  be  benefited 
by  the  road,  and  shares  were  taken  according  to  each  one's 
ability  and  willingness  to  invest,  some  taking  a  single  share, 
others  ten  shares,  others  a  hundred  shares.  In  this  way 
thousands  of  people  assisted  in  the  building  of  the  road 
and  in  the  development  of  the  country,  and  thousands 
shared  in  the  profits.  As  it  was  with  the  railroad,  so  it 
was  with  many  other  undertakings:  about  the  middle  of 
the  nineteenth  century  the  corporation  began  to  be  brought 
into  general  use  in  the  organization  of  industry  and  com- 
merce. 

III.  Corporate  Combinations.  Before  the  end  of  the 
nineteenth  century  a  new  form  of  organization  began  to  ap- 
pear in  the  industrial  world.  About  1880  the  great  corpora- 
tions began  to  devise  methods  of  protecting  themselves 
against  the  ravages  of  competition.  While  competition  gives 
life  to  trade  it  at  the  same  time  plays  havoc  with  profits. 
Especially  is  this  true  in  these  times,  when  a  salesman  with 
the  aid  of  the  telephone  and  telegraph  can  do  as  much 
higgling  and  bargaining  in  an  hour  as  could  be  done  a 
hundred  years  ago  in  a  month,  and  when  new  inventions 
and  processes  are  constantly  reducing  the  cost  of  produc- 
tion. 


364  THE  AMERICAN  GOVERNMENT 

(a)  The  Fool.  The  first  attempts  of  corporations  to 
stifle  competition  were  made  when  they  began  to  pool  their 
interests.  Several  corporations  engaged  in  the  same  busi- 
ness would  place  the  marketing  of  their  products  under  a 
central  management  and  would  agree  upon  a  uniform  scale 
of  prices,  and  upon  the  amount  of  goods  that  each  separate 
corporation  was  to  produce  and  sell.  Under  this  arrange- 
ment there  was  no  higgling  of  the  market;  the  buyer  was 
held  strictly  to  the  prices  fixed  by  the  pool.  The  intention 
of  the  pool  was  plainly  to  kill  competition  and  establish 
a  virtual  monopoly.^  Now  monopoly  is  not  only  contrary 
to  the  constitutions  of  most  of  the  States,  but  it  is  also 
contrary  to  the  instincts  of  the  American  people.  So  the 
pool  was  declared  illegal,  and  combinations  of  this  kind 
were  dissolved. 

(b)  The  Trust- Agreement.  The  corporations  next  re- 
sorted to  the  trust-agreement.  The  combining  companies 
deposited  their  stocks  with  a  central  board  of  trustees  and 
received  in  exchange  trust  certificates.  The  trustees  man- 
aged the  business  of  the  uniting  companies,  fixing  prices 
and  controlling  the  output  of  each  constituent  corporation. 
For  certain  kinds  of  transactions  the  trust-agreement  is 
historic  and  strictly  legal,  but  as  an  industrial  combination 
it  was  only  the  pool  in  disguise.  It  was  monopoly,  and 
was  so  declared  by  the  courts.  Moreover,  the  Sherman 
Anti-trust  Act  of  1890  declared  against  all  combinations 
which  are  in  restraint  of  trade.  Under  this  act  trust- 
agreements  affecting  interstate  commerce  were  rapidly 
driven  from  the  industrial  world. 

(c)  Trusts.  The  trust-agreement  disappeared,  but  it 
handed  on  its  name  to  the  next  and  last  form  of  corporate 
combination — the  trust.  After  the  courts  dissolved  the 
trust-agreement,  the  corporations  still  continued  their  ef- 
forts to  avoid  competition  by  means  of  combination.      A 

^  A  monopoly  is  an  exclusive  privilege  to  deal  in  or  control  the  sale 
of  certain  things.  Congress  grants  a  monopoly  to  authors  and  inven- 
tors (52). 


CORPORATIONS  365 

corporation  could  not  combine  outright  with  another  cor- 
poration within  the  same  State,  for  nearly  all  the  States 
forbid  such  a  combination.  Corporations  in  different 
States  could  not  combine  without  the  consent  of  each  of 
the  States  in  which  it  was  desired  to  effect  the  combination, 
and  this  consent  could  not  be  obtained.  How  then  could 
the  corporations  combine?  A  law  of  New  Jersey  passed 
in  1889  provided  a  way.  This  law  permitted  the  formation 
in  New  Jersey  of  corporations  which  should  have  the  power 
of  purchasing  the  stock  and  property  of  any  other  cor- 
poration engaged  in  any  kind  of  business  in  any  State  (ex- 
cepting New  Jersey)  or  in  any  country.  Here  was  the  op- 
portunity the  corporations  were  seeking.  A  corporation, 
by  organizing  in  New  Jersey  and  securing  the  stocks  of 
the  corporations  which  it  wished  to  bring  into  a  combina- 
tion, could  become  the  owner  of  those  corporations,  and 
could  then,  of  course,  control  both  the  prices  of  their  goods 
and  the  amount  of  goods  produced.  And  this  was  what 
was  done.  Corporations  which  wished  to  combine  merged 
and  blended  their  interests  into  one  giant  holding  corpora- 
tion, a  corporation  of  corporations,  a  trust,  so  called. 

Other  States^  followed  New  Jersey  in  granting  liberal 
charters  to  corporations,  and  under  the  new  laws  the  com- 
bination of  corporations  has  proceeded  on  a  scale  startling 
in  its  proportions.  During  the  last  twenty  years  more  than 
one  third  of  the  total  production  of  all  industries,  exclud- 
ing that  of  agriculture,  has  been  brought  under  the  con- 
trol of  trusts.  There  is  one  trust  that  controls  seventy-five 
per  cent,  of  the  steel  industry ;  another  that  sells  ninety  per 
cent,  of  the  sugar  output;  another  that  controls  ninety 
per  cent,  of  the  tin  business;  another  that  refines  seventy- 
five  per  cent,  of  the  oil;  another  that  makes  seventy-five 
per  cent,  of  the  paper.    And  the  consolidation  continues. 

The  Trust  Problem.     The  chief  advantage  of  combination 

lies  in  the  direction  of  economy  in  productiop.     Under  the 

*  Notably  Maine,  New  York,  Delaware  and  West  Virginia. 


366  THE  AMERICAN  GOVERNMENT 

trust  system  only  the  best-equipped  establishments  are  kept 
running;  plants  are  located  with  the  view  of  reducing 
freight  expenses ;  only  the  most  desirable  patents  and  brands 
are  made  use  of;  the  division  of  labor  is  carried  to  the 
most  effective  point ;  there  is  great  saving  in  office  expenses. 
That  the  trust  reduces  the  cost  of  production  to  the  lowest 
possible  figure  cannot  be  denied. 

Neither  can  it  be  denied  that  there  are  many  evils  con- 
nected with  trusts.  The  trust  reduces  the  number  of  em- 
ployees, especially  the  number  of  travelling  salesmen;  it 
drives  small  competitors  out  of  business  by  selling  at  a  tem- 
porary loss;  it  gains  exclusive  control  of  certain  commodi- 
ties and  then,  in  some  instances,  raises  the  price  to  a  profit 
in  excess  of  that  possible  under  competition.  Then  the 
trusts  often  over-capitalize :  they  authorize  stock  far  in  excess 
of  the  cash  value  of  their  property.  One  trust  over-capital- 
ized— ' '  watered ' '  its  stock — to  the  amount  of  nearly  a  billion 
dollars,  and  then  asked  the  public  to  buy.  The  thousands 
of  investors  who  purchased  the  stock  at  fifty  dollars  a 
share,  and  afterwards  saw  its  value  fall  to  ten  dollars  a 
share,  appreciate  the  danger  of  over-capitalization.  Over- 
capitalization works  injury  in  another  direction:  the  at- 
tempt of  the  trust  to  continue  in  hard  times  the  dividend 
upon  a  large  bulk  of  "watered"  stock  places  an  unnecessary 
burden  upon  consumers  and  laborers;  upon  consumers  in 
the  form  of  higher  prices,  upon  the  laborer  in  the  form  of 
lower  wages. 

The  report  of  the  Industrial  Commission  (1901)  in  its 
volume  on  Trusts  catalogues  the  various  remedies  for  trust 
evils  as  follows:  (1)  The  let  alone  policy;  (2)  the  suppres- 
sion of  monopolies;  (3)  the  prohibition  of  destructive  com- 
petition; and  (4)  publicity. 

(1)  Those  advocating  the  "let  alone  policy"  contend 
that  competition  will  suffice  to  keep  trusts  within  bounds, 
and  that  government  should  keep  hands  off,  because  self- 
interest  in  the  long  run  will  do  less  harm  than  legislative 
interference. 


CORPORATIONS  367 

(2)  Those  advocating  the  suppression  of  monopolies 
would  suppress  directly  by  national  and  State  legislation 
all  combinations  seeking  to  restrain  trade  or  control  prices. 

(3)  Some  would  deny  to  combinations  the  right  to  sell 
below  cost  for  the  purpose  of  driving  competitors  out  of 
a  local  market,  and  then  to  restore  prices  to  a  point  where 
they  could  readily  recoup  themselves  for  any  loss  incurred. 

(4)  All  the  doings  of  trusts,  it  is  held,  ought  to  be  ex- 
posed to  the  public  gaze.  This,  it  is  contended,  would  pre- 
vent any  unfair  raising  of  prices,  because  of  competition 
that  would  be  thus  invited,  and  would  sufficiently  publish 
the  affairs  of  the  concern  to  enable  investors  to  escape  the 
snares  of  unscrupulous  organizers. 

In  1914  Congress  declared  unfair  methods  in  competition 
to  be  unlawful,  and  established  the  Federal  Trade  Commis- 
sion (p.  143),  giving  it  power  to  decide  when  a  person  or  cor- 
poration was  using  unfair  methods.  In  the  same  year  Con- 
gress passed  an  Anti-Monopoly  Act,  the  purpose  of  which  is 
to  supplement  and  strengthen  the  Sherman  Anti-Trust  Act. 

Both  the  State  and  the  federal  government  may  assist  in 
applying  the  remedies  for  trust  evils.  The  State  possesses 
the  power  to  incorporate  and  can  therefore  determine  pre- 
cisely the  privileges  a  corporation  is  to  enjoy  within  the 
State;  the  federal  government  under  its  power  to  regulate 
interstate  commerce  can  regulate  the  privileges  of  corpora- 
tions trading  between  the  States.  If  all  the  States  and  the 
federal  government  would  work  together  the  trust  problem 
might  not  be  so  difficult  of  solution. 

But  the  States  do  not  work  together;  the  corporation 
laws  of  one  State  set  at  naught  the  laws  of  another  State. 
Thirty-two  States  have  attempted  by  legislation  to  control 
trusts,  but  their  efforts  have  been  thwarted  by  the  action 
of  sister  States.  Within  the  region  of  its  authority  the 
federal  government  has  been  active  and  to  a  certain  degree 
successful  in  combating  trust  evils.  Under  the  anti-trust 
law  passed  by  Congress  in  1890  corporations  consisting 
of  a  combination  of  corporations  have  been  compelled  to 


368  THE  AMERICAN  GOVERNMENT 

dissolve,  on  the  ground  that  they  were  formed  in  restraint 
of  trade  between  the  States. 

This  victory  of  the  law  over  giant  corporations  is  full 
of  hope.  It  shows  that  the  law  is  still  supreme.  We  need 
not  fear  the  trusts  as  long  as  we  know  they  can  be  com- 
pelled to  obey  law.  Keep  government  strong  enough  to 
apply  remedies,  and  remedies  ia  good  time  will  doubtless 
be  found. 

QUESTIONS  ON  THE  TEXT 

1.  Prom  what  source  do  corporations  receive  their  power? 

2.  Give  an  account  of  the  part  played  by  the  corporation  in  mod- 
ern society. 

3.  How  was  industry  organized  before  the  eighteenth  century? 
What  causes  led  to  a  change  in  this  organization? 

4.  What  is  a  partnership?  What  advantage  had  the  corporation 
over   the   partnership  ? 

5.  What  caused  corporations  to  combine? 

6.  What  was  the  pool?  the  trust-agreement? 

7.  How  was  the  so-called  trust  made  possible?  To  what  extent  is 
industry  controlled  by  trusts? 

8.  What  are  the  advantages  and  disadvantages  of  trusts? 

9.  What  remedies  have  been  proposed  for  the  evils  connected  with 
trusts? 

10.  To  what  extent  have  trust  evils  been  checked  by  government? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Give  illustrations  of  partnerships  existing  in  this  community;  of 
corporations;  of  trusts. 

2.  A  local  tinner  charges  25  cents  for  a  pan  which  you  can  buy  from 
a  trust  for  23  cents:  would  you  buy  your  pan  from  the  local  tinner  or 
from  the  trust? 

3.  What  does  the  constitution  of  this  State  say  about  corporations? 
about  trusts? 

4.  If  it  were  shown  that  the  trusts  benefit  society  in  material  things 
but  dwarf  individuality,  what  would  be  your  attitude  toward  trusts? 
Does  society  exist  for  your  benefit,  or  do  you  exist  for  the  benefit  of 
society  ? 

5.  Name  five  of  the  largest  industrial  organizations  in  the  United 
States.  What  effect  have  these  combinations  had  upon  the  prices  of 
the  articles  they  produce? 

6.  Has  this  State  passed  an  anti-trust  law?  If  so,  has  this  law 
accomplished  its  purpose? 

Topics  for  Special  Worlc. — Growth  of  Large  Industries:  20,  312- 
322.  Corporations:  21,  155-159.  Federal  Control  of  Trusts:  30,  492- 
497. 


I 


XLVIII 
LABOR 

The  Growth  of  Labor  Organizations.  Workingmen 's  as- 
sociations or  trade  unions,  such  as  we  have  to-day,  had 
no  existence  before  the  latter  part  of  the  eighteenth  cen- 
tury. In  the  days  when  industry  was  in  its  simple  form 
of  organization,  when  almost  every  workman  was  a  proprie- 
tor, there  were  few  who  could  be  classed  as  employees. 
A  German  scholar  ^  informs  us  that  in  1784  in  the  duchy 
of  Magdeburg  there  were  27,050  independent  masters  and 
only  4,285  assistants  and  apprentices,  and  that  about  the 
same  time  in  the  principality  of  Wiirzburg  there  were 
13,762  masters  with  2,176  assistants  and  apprentices.  That 
is  to  say,  in  more  than  five  sixths  of  the  industrial  estab- 
lishments of  these  two  places  the  master  carried  on  his 
work  single-handed.  As  it  was  in  Germany,  so  it  was  in 
England  and  America  before  the  industrial  revolution 
(p.  361)  :  the  number  of  employees  were  extremely  small. 
When  it  is  remembered  that  apprentices  and  assistants 
usually  lived  in  the  home  of  the  master  and  were  treated 
as  members  of  the  family,  it  becomes  still  more  evident 
that  under  the  old  order  of  things  there  was  no  distinct 
line  of  cleavage  between  employers  as  a  class  and  employees 
as  a  class. 

The  factory  system  brought  about  a  complete  change  in 
the  industrial  condition  of  the  workman.  A  craftsman 
was  now  the  owner  neither  of  the  tools  with  which  he 
worked  nor  of  the  articles  which  his  craft,  fashioned ;  he 

'  Karl  Biicher,  ' '  Industrial  Evolution, ' '  p.  188. 
369 


370  THE  AMERICAN  GOVERNMENT 

was  a  hired  man,  an  employee  whose  chief  industrial  in- 
terest was  his  wage.  It  was  to  be  expected  that  employees 
would  unite  to  advance  their  interests,  and  it  was  not  long 
before  workmen  began  to  meet  for  the  discussion  of  such 
subjects  as  wages  and  hours  of  labor.  At  first  government 
handled  these  meetings  with  a  severe  hand.  In  1799  the 
English  Parliament  passed  a  law  making  it  a  criminal  of- 
fense to  attend  a  meeting  the  purpose  of  which  was  to 
secure  an  advance  in  wages  or  to  shorten  the  hours  of 
labor.  In  1817  under  this  act  ten  calico-printers  in  the  town 
of  Bolton  were  imprisoned  for  three  months  for  simply 
intending  to  attend  a  meeting  at  which  the  subject  of  wages 
was  to  be  discussed.  Such  injustices,  however,  was  incon- 
sistent with  the  spirit  of  democracy  which  was  at  that  time 
beginning  to  guide  the  conduct  of  statesmen,  and  in  1824 
the  harsh  law  of  1799  was  repealed,  and  workingmen  were 
henceforth  permitted  to  combine  for  the  promotion  of  their 
interests. 

Workingmen  now  began  to  combine,  not  only  for  the  pur- 
pose of  putting  up  wages  and  shortening  the  working  day, 
but  for  the  advancement  of  all  their  interests.  Those  en^ 
gaged  in  the  same  trade,  or  allied  trades,  united  in  a  per- 
manent association,  called  a  trade  union,  the  abiding  pur- 
pose of  which  was  to  promote  in  every  lawful  way  the  gen- 
eral welfare  of  the  associated  members.  Trade  unions  in 
England  at  first  did  not  have  smooth  sailing,  for  rulers  were 
at  heart  against  them;  but  they  steadily  prospered,  and  in 
1871  were  formally  recognized  by  an  act  of  Parliament  as 
legal  organizations.  This  recognition  caused  them  to  flour- 
ish as  never  before,  and  to-day  England  is  the  strongest 
center  of  trade  unionism  in  the  world. 

The  trade-union  movement  in  America  began  about  the 
same  time  that  it  began  in  England,  but  it  did  not  meet 
the  same  fierce  opposition.  Its  progress,  however,  was  not 
altogether  peaceful  and  undisputed.  For  many  years  the 
courts  were  inclined  to  regard  the  movement  with  distrust, 
and  in  more  than  one  decision  a  combination  that  aimed 


LABOR  371 

to  raise  wages  was  pronounced  to  be  an  unlawful  con- 
spiracy. But  trade  unions  were  only  one  of  the  outgrowths 
of  democracy  and  were  bound  to  wax  strong  with  the 
growing  strength  of  the  people.  In  1870  New  York,  by 
statute,  legalized  the  trade  union,  and  in  recent  years  the 
right  of  workiugmen  to  combine  has  not  been  seriously 
questioned  anywhere  in  the  United  States.  In  America, 
law  and  public  opinion  have  been  almost  uniformly  on  the 
side  of  the  trade  union,  and  it  has  prospered  here  as  in 
no  other  country,  England  alone  excepted.  INIore  than  two 
million  workingmen  in  the  United  States  are  enrolled  in 
trade  unions,  one  union  alone  having  the  enormous  member- 
ship of  three  hundred  thousand. 

Government  and  the  Workingman.  The  aims  of  labor  or- 
ganizations are  usually  clear  and  well  defined.  They  strive 
for  the  social  and  intellectual  as  well  as  for  the  economic 
betterment  of  the  working  classes.  They  want  the  working- 
man  to  receive  a  wage  that  will  enable  him  to  buy  a  fair 
share  of  the  good  things  of  life,  and  they  want  the  working 
day  to  be  of  a  length  that  will  give  leisure  for  the  enjoy- 
ment of  the  benefits  of  education,  culture  and  refinement. 
They  advocate  the  abolition  of  child  labor,  because  they 
want  the  children  to  attend  school.  They  demand  that 
work  in  factories  and  mines  be  done  under  sanitary  con- 
ditions, because  they  regard  the  health  of  workingmen  as 
a  matter  of  supreme  importance.  In  brief,  they  favor  all 
movements  that  tend  to  elevate  labor  and  resist  all  move- 
ments that  tend  to  degrade  it.  For  the  accomplishment 
of  many  of  their  purposes  labor  organizations  have  invoked 
the  assistance  of  government. 

The  Constitution  is  silent  on  the  subject  of  labor.  The 
relations  of  employer  and  employed  are  to  be  regulated 
by  the  State,  and  labor  problems  must  be  solved  by  the 
State.  The  federal  government  fixes  the  wages  of  its  em- 
ployees, prescribes  the  length  of  their  working  day  (eight 
hours),  investigates  the  conditions  of  the  laboring  classes, 


372  THE  AMERICAN  GOVERNMENT 

and  collects  labor  statistics.  Further  than  this  it  cannot 
go.^  When  the  President  of  the  United  States  a  few  years 
ago  intervened  to  bring  about  a  settlement  of  a  strike,  he 
acted  as  a  private  citizen,  not  as  an  official  vested  with  the 
authority  of  the  federal  government. 

The  earlier  State  constitutions  contain  nothing  about 
labor,  because  when  they  w^ere  framed  there  were  no  labor 
organizations  and  no  labor  problems.  In  recent  years  the 
constitutions  are  inserting  clauses  pertaining  to  labor.  The 
constitution  of  Wyoming  declares:  "The  rights  of  labor 
shall  have  just  protection  through  law  calculated  to  secure 
to  the  laborer  proper  rewards  for  his  service  and  to  pro- 
mote the  industrial  welfare  of  the  State."  The  constitu- 
tions of  California  and  Idaho  forbid  the  employment  of 
Chinese  laborers  upon  State  or  municipal  public  works. 
The  constitution  of  North  Dakota  declares  that  every  citi- 
zen of  the  State  shall  be  free  to  obtain  employment  where- 
ever  possible,  and  forbids  the  exchange  of  blacklists  ^  be- 
tween corporations.  In  Louisiana  the  constitution  forbids 
the  passage  of  any  law  fixing  the  wages  of  manual  labor. 
Numerous  other  illustrations  might  be  given  to  show  that 
the  States  are  beginning  to  introduce  the  subject  of  labor 
into  their  constitutions. 

It  is  in  the  field  of  State  legislation  that  we  may  best 
learn  how  deeply  government  is  concerned  in  the  affairs 
of  the  workingman.  In  more  than  two  thirds  of  the  States 
the  employment  of  children  under  fourteen  years  of  age  is 
forbidden  by  law;  in  more  than  half  of  the  States  women 
may  not  work  in  factories  more  than  ten  hours  a  day;  in 
thirty-one  States  women  working  in  shops  must  be  pro- 
vided with  seats;  in  nearly  half  the  States  the  working 
day  of  State  and  municipal  employees  is  limited  to  eight 
hours;  in  twenty-four  States  there  is  official  inspection  of 
factories  and  mines ;  in  three  fourths  of  the  States  there  are 

^Of  course  Congress  can  regulate  labor  matters  in  the  Territories 
and  in  the  District  of  Columbia. 

''Lists  of  persons  objectionable  to  employers. 


LABOR  373 

bureaus  of  labor  for  collecting  and  giving  out  information 
on  labor  topics;  in  nearly  half  the  States  there  are  work- 
men 's  compensation  laws ;  in  a  few  States  there  are  minimum 
wage  laws.  In  Utah  the  law  prohibits  grown  men  from 
working  more  than  eight  hours  a  day  in  mines.  It  was 
thought  that  this  law  was  unconstitutional,  because  it  vir- 
tually denies  to  adults  freedom  of  contract,  but  the  Supreme 
Court  of  the  United  States  declared  that  it  was  constitutional 
on  the  ground  that  working  in  mines  is  a  matter  that  comes 
under  the  police  power  (p.  392)  of  the  State. 

The  recognition  of  labor  organizations  by  government  is 
becoming  quite  general.  Most  of  the  States  provide  for 
the  incorporation  of  trade  unions,  and  a  federal  law  per- 
mits national  trade  unions  to  be  incorporated,  provided  they 
have  two  or  more  branches  in  every  State,  and  maintain 
headquarters  in  the  District  of  Columbia.  Besides  giving 
them  power  to  incorporate,  several  States  have  lately  at- 
tempted to  protect  trade  unions  by  making  it  a  misdemeanor 
for  an  employer  to  discharge  an  employee  for  belonging 
to  a  labor  organization.  It  is  doubtful,  however,  whether 
statutes  which  interfere  in  this  harsh  manner  with  the 
freedom  of  contract  will  receive  the  full  support  of  public 
opinion.  Two  States  have  enacted  laws  that  certain  public 
work  shall  be  performed  only  by  labor  unions — as  full  a 
recognition  of  labor  organizations  as  it  is  possible,  perhaps, 
for  government  to  give. 

The  Settlement  of  Labor  Disputes.  The  chief  function  of 
the  labor  unions  is  to  enable  workingmen  to  avail  them- 
selves of  the  strength  of  organization  when  they  are  bar- 
gaining with  their  employers  for  wages  and  hours  of  labor. 
"When  a  single  workman  in  an  establishment  employing 
hundreds  asks  for  higher  wages  he  is  not  likely  to  receive 
as  much  consideration  as  would  be  shown  to  a  similar  re- 
quest coming  from  all  the  workmen  united  in  a  compact 
body.  Under  the  trade-union  system,  instead  of  individual 
bargaining  between  employer  and  employee,  there  is  col- 


374  THE  AMERICAN  GOVERNMENT 

lective  bargaining:  representatives  of  the  labor  organiza- 
tion meet  the  employer  and  there  is  higgling  as  to  the 
price  that  shall  be  paid  for  labor,  and  when  a  bargain  is 
struck  it  binds  all  parties,  including  every  member  of  the 
organization.  In  some  instances  this  collective  bargain- 
ing is  conducted  on  a  vast  scale,  affecting  not  only  a  single 
establishment  but  whole  industries/ 

As  long  as  collective  bargaining  is  possible  there  is  in- 
dustrial peace,  but  when  it  fails,  when  employer  and  or- 
ganized employees  fail  to  come  to  an  agreement,  there  is 
industrial  war.  In  this  warfare  the  chief  weapons  of  the 
employer  are  the  lockout  ^  and  the  blacklist,  and  the  wea- 
pons of  the  employees  are  the  strike  and  the  boycott.  So- 
ciety is  feeling  the  effects  of  industrial  war  more  and  more 
keenly.  In  the  morning  paper  which  lies  on  my  desk  I 
read  that  the  leader  of  a  powerful  labor  union  threatens 
to  inflict  a  meat  famine  upon  the  people  of  the  United 
States  if  the  demands  of  his  union  are  not  acceded  to.  We 
may  not  have  a  famine  as  the  result  of  this  proclamation, 
but  all  parts  of  the  country  will  doubtless  be  inconvenienced 
if  a  strike  is  declared. 

So  vast  have  been  the  losses  occasioned  by  strikes,^  and 
so  seriously  have  they  disturbed  business,  that  government 
has  been  moved  to  provide  means  for  their  settlement.  About 
half  the  States  have  established  hoards  of  arbitration,  be- 
fore which  the  disputes  of  employers  and  employees  may 
be  settled.  These  arbitration  boards  can  inquire  into  the 
causes  of  a  strike  and  render  a  judgment  as  to  the  merits 
of  a  dispute,  but  in  no  State  can  such  a  judgment 
be  enforced ;  in  no  State  is  there  compulsory  arbitration. 
Boards  of  arbitration,  therefore,  must  depend  upon  the 
power  of  public  opinion  to  give  their  decisions  weight.  Arbi- 
tration in  several  States  has  met  with  a  measure  of  suc- 

*See  Gilman's  "Method  of  Industrial  Peace,"  pp.  93-114. 
'"'A  refusal  on  the  part  of  the  employer  to  furnish  work  to  his  em- 
ployees in  a  body." 

*  Estimated  at  $500,000,000  for  the  last  twenty  years. 


LABOR  375 

cess,  but  in  most  of  the  States  in  which  it  has  been  tried 
it  has  not  amounted  to  much. 

The  Labor  Problem.  How  shall  government  in  its  efforts 
to  maintain  industrial  peace  so  deal  with  the  labor  organ- 
izations as  to  protect  them  in  their  rights,  and  at  the  same 
time  not  infringe  upon  the  rights  of  the  individual  work- 
man? This  is  the  labor  problem  stated  in  its  broadest 
terms.  It  is  the  trust  problem  over  again.  The  giant  labor 
unions  and  the  giant  corporations  have  been  produced  by 
the  same  industrial  forces,  have  the  same  aim — the  avoid- 
ance of  the  evils  of  competition — and  offer  to  government 
the  same  kind  of  problem  to  solve. 

We  cannot  attempt  here  even  to  indicate  precise  methods 
by  which  the  great  labor  problem  can  be  solved,  but  there 
are  two  facts  that  ought  to  be  kept  in  mind  by  all.  First, 
the  law  must  be  kept  supreme.  There  must  not  arise  within 
the  State  a  power  that  is  greater  than  the  government.  It 
is  as  important  that  government  be  able  to  bring  the  largest 
labor  union  to  terms  as  it  is  that  it  be  able  to  bring  the 
largest  corporation  to  terms.  Second,  the  liberty  of  the 
individual  must  be  maintained.  Government  ought  not  to 
insist  on  driving  workingmen  into  unions  against  their  will. 
On  the  contrary,  it  ought  to  let  workingmen  understand 
that  they  will  be  protected  to  the  fullest  in  their  right  to 
remain  out  of  the  union,  when  they  choose  to  assert  that 
right.  There  is  no  freedom  if  any  organization  outside  of 
government  itself  can  go  to  the  individual  and  enforce  its 
rules  upon  him:  government,  and  government  only,  can 
coerce  an  American  citizen. 

QUESTIONS  ON  THE  TEXT 

1.  Give  an  account  of  the  growth  of  labor  organizations  in  England; 
in  America. 

2.  For  what  purposes  do  workingmen  combine? 

3.  In  what  relation  does  the  federal  government  'stand  to  labor  or- 
ganizations? 


376  THE  AMERICAN  GOVERNMENT 

4.  To  what  extent  is  the  subject  of  labor  introduced  into  State  con- 
stitutions? 

5.  Give  an  account  of  the  legislation  of  the  several  States  in  refer- 
ence to  labor  matters. 

6.  What   is   collective   bargaining! 

7.  What  is  industrial  war?  How  does  war  of  this  kind  affect  the 
social  welfare? 

8.  In  what  way  have  the  States  attempted  to  settle  labor  disputes? 

9.  In  what  respect  does  the  labor  problem  resemble  the  trust  prob- 
lem? In  the  solution  of  the  labor  problem  what  two  principles  should 
guide? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Does  the  constitution  of  this  State  say  anything  about  labor  or 
labor  organizations?  about  strikes  or  lockouts?  about  boycotts  or  black- 
lists? 

2.  At  what  age  may  children  be  employed  in  the  factories  in  this 
State?  What  is  the  length  of  a  day's  labor  for  one  employed  upon 
public  work  in  this  State? 

3.  Is  there  a  bureau  of  labor  statistics  in  this  State?  If  so,  secure 
a  copy  of  the  last  report  of  its  chief  officer  and  find  answers  to  the  fol- 
lowing questions:  What  strikes  have  occurred  in  this  State  during 
the  past  year?  What  per  cent,  of  these  were  successful?  Were  any  of 
the  strikes  settled  by  arbitration?  What  is  the  average  daily  wages  of 
workmen  in  this  State?  Is  this  average  increasing  or  decreasing? 
What  does  the  commissioner  of  the  bureau  recommend  in  the  way  of 
legislation  bearing  upon  labor  problems? 

4.  Is  there  a  board  of  arbitration  in  this  State?  If  so,  secure  a  copy 
of  its  report  and  ascertain  what  it  is  doing  in  the  way  of  settling  labor 
disputes. 

5.  In  about  one-third  of  the  States  it  is  against  the  law  for  an  em- 
ployer to  exact,  as  a  condition  of  employment,  an  agreement  from^  an 
employee  not  to  become  a  member  of  a  labor  organization.  Is  it  against 
the  law  in  this  State  for  an  employer  to  exact  such  an  agreement? 

6.  Show  how  a  strike  sometimes  affects  a  great  many  more  people 
than  the  strikers  and  their  employers.  Show  how  a  great  strike  affects 
the  business  of  the  entire  world. 

7.  Prepare  a  paper  on  Compulsory  Workingmen's  Insurance.  See 
fourth  special  report  of  the  United  States  Commissioner  of  Labor. 
This  is  a  very  important  topic. 

8.  If  you  were  an  employer  of  labor,  do  you  believe  you  would  be 
willing  to  sacrifice  a  little  money  for  the  sake  of  the  happiness  and 
comfort  of  your  employees?  Is  it  likely  that  the  labor  problem  will 
ever  be  satisfactorily  solved  as  long  as  both  capitalists  and  laborers 
ignore  moral  considerations  in  their  dealings  with  each  other? 

Topics  for  Special  Worlc. — The  Labor  Unions:  4,  349-367.  Trade 
Unions:    20,  245-256.     Labor  Organizations:    21,  476-485. 


XLIX 

CRIME 

Tlie  Definition  of  Crime.  In  the  simplest  and  rudest  stages 
of  society  wrong-doing  was  regarded  as  a  private  matter, 
and  the  wrong-doer  was  punished  by  private  hands.  The 
murderer  was  delivered  over  to  the  vengeance  of  the  family 
of  which  the  slain  was  a  member;  the  thief  was  punished 
by  the  person  from  whom  the  goods  were  stolen.  As  society 
grew  more  highly  organized,  and  as  the  power  of  the  state 
increased,  private  vengeance  was  gradually  disallowed,  and 
the  definition  and  the  punishment  of  crime  became  strictly 
a  function  of  government. 

The  first  task  of  government  in  respect  to  crime  is  to 
define  crime,  to  declare  what  actions  are  criminal.  A  crime 
is  an  act  injurious  to  society  and  punishable  by  law,  but 
before  an  act  can  be  regarded  as  a  crime  it  must  be  stamped 
as  such  by  government.  An  act  may  be  vicious  or  sinful, 
and  yet  if  it  is  not  named  by  law  as  a  punishable  offense 
it  is  not  a  crime. 

As  society  becomes  more  complex  the  offenses  designated 
by  law  as  crimes  become  more  numerous.^     The  telegraph 

^  The  following  table  shows  the  nature  of  the  offenses  for  which  crim- 
inals in  the  United  States  are  convicted  and  gives  the  percentage  which 
each  class  of  crime  bears  to  the  whole  number  committed : 

Crimes  against  government,   as  treason,  counterfeiting,  anarchy  2.2  % 
Crimes  against  society,  as  disturbance  of  the  peace,  drunken- 
ness      22     % 

Crimes  against  the  person,  as  murder,  assault,  mayhem 21.9% 

Crimes  against  property,  as  burglary,  arson,  theft 45.8  % 

Miscellaneous  crimes   8.1  % 

Total 100.00  % 

377 


378  THE  AMERICAN  GOVERNMENT 

has  brought  the  crime  of  tapping  wires  and  stealing  elec- 
tricity ;  railroads  have  brought  the  crime  of  train  wrecking ; 
corporate  combinations  have  caused  penalties  to  be  pro- 
nounced against  an  undue  restraint  of  trade;  the  factory 
has  called  forth  penalties  against  the  criminal  neglect  of 
the  safety  of  workingmen.  "All  changes  in  social  organi- 
zation, in  custom,  in  political  control,  import  changes  in 
the  criminal  law."  Society  is  constantly  defending  itself 
against  new  dangers,  and  whenever  an  act  of  omission  or 
commission  is  seen  to  be  clearly  hurtful  to  the  public  it  is 
designated  by  law  as  a  crime. 

The  Punishment  of  Crime.  When  the  law  defines  an  act 
as  a  crime  it  usually  at  the  same  time  provides  a  punish- 
ment. In  the  olden  times  punishment  followed  the  law 
of  retaliation:  a  life  for  a  life,  an  eye  for  an  eye,  a  tooth 
for  a  tooth.  For  the  crime  of  murder  this  rule  still  pre- 
vails in  most  countries,  although  in  several  States  capital 
punishment  has  been  abandoned.  By  modem  usage  punish- 
ments for  crime  are  assigned  without  any  purpose  of  re- 
taliation. The  criminal  is  punished  for  the  benefit  of  so- 
ciety, and  not  for  the  sake  of  private  or  public  vengeance. 
What  the  punishment  for  a  crime  shall  be  is  a  question 
of  expediency  for  the  law  to  determine.  In  ordaining  a 
punishment,  however,  it  is  the  rule  to  make  its  severity 
correspond  in  some  degree  to  the  heinousness  of  the  offense 
committed.  When  the  form  of  punishment  is  not  death 
it  is  usually  either  a  fine  in  money  or  imprisonment  for  a 
definite  period  of  time.  Excessive  fines  or  cruel  or  unusual 
punishments  cannot  be  inflicted  by  the  federal  government 
(142),  but  the  State  can  provide  such  punishments  as  it 
deems  proper,  even  if  these  seem  to  be  cruel  or  unusual. 

Crime  and  the  State  Government.  In  the  United  States  the 
duty  of  defining  crimes  and  affixing  penalties  and  of  pun- 
ishing offenders  belongs  almost  entirely  to  the  State  gov- 
ernment.    The  constitution  of  the   State   generally  allows 


CRIME  379 

the  legislatures  to  deal  with  crime  in  their  own  way.  In 
those  States  which  have  adopted  the  rules  of  the  common 
law  certain  deeds  are  punishable  as  crimes  without  special 
legislative  action.  These  are  the  common  law  crimes,  and 
include  treason,  murder,  manslaughter,  arson,  larceny, 
burglary,  kidnapping,  assault,  perjury,  embezzlement.  A 
few  States  have  not  adopted  the  rules  of  the  common  law 
in  reference  to  crime,  and  in  these  before  an  act  can  be 
punished  as  criminal  it  must  first  be  designated  as  such 
by  a  statute.  Several  years  ago  in  a  western  State  which 
does  not  recognize  the  rules  of  common  law  in  reference 
to  crime  a  boy  was  kidnapped,  and  when  the  subject  of  the 
punishment  of  the  kidnapper  arose  it  was  found  that  the 
laws  of  the  State  in  which  the  act  was  committed  said 
nothing  about  kidnapping.  The  perpetrator  of  the  deed 
was  not  discovered,  but  it  was  generally  acknowledged  that 
even  if  he  had  been  captured  it  would  not  have  been  possible 
to  punish  him.  The  federal  government  could  not  have 
touched  the  case,  and  the  State  government  had  not  yet 
made  the  offense  a  crime. 

Since  each  State  deals  with  crime  in  its  own  way,  crim- 
inals fare  differently  in  different  States.  "The  criminal 
code  in  one  State  in  1879  provided  for  the  punishment  of 
one  hundred  and  fifty  offenses  as  crimes,  only  one  hundred 
and  eight  of  which  were  recognized  as  crimes  by  the  code 
of  another  State.  .  .  .  The  penalty  for  perjury  in  one  State 
is  a  fine  limited  between  a  minimum  of  five  hundred  dol- 
lars and  a  maximum  of  two  thousand  dollars;  in  others 
five  years'  imprisonment;  in  still  others  imprisonment  for 
life;  and  in  one  death,  if  the  crime  causes  the  execution  of 
an  innocent  person.  .  .  .  The  penalty  for  arson  varies  from 
imprisonment  for  from  one  to  ten  years  to  death.  "^  In 
one  State  murder  may  be  punishable  by  death  and  horse 
stealing  by  imprisonment  for  life;  in  an  adjoining  State 
horse  stealing  may  be  punishable  by  death,  and  murder 
by  imprisonment  for  life. 

^H.  M.  Boies,  "The  Science  of  Penology,"  p.  83. 


380  THE  AMERICAN  GOVERNMENT 

While  this  diversity  in  the  laws  of  the  different  States 
in  respect  to  crime  may  seem  regrettable,  we  must  not  jump 
to  the  conclusion  that  the  definition  and  punishment  of 
crime  should  be  given  to  the  federal  government.  In  deal- 
ing with  crime,  government  is  fighting  with  one  of  the  foes 
of  society,  and  the  principle  of  local  self-government,  and 
the  principle  that  a  law  to  be  effective  must  harmonize 
with  the  morality  and  sentiment  of  the  community  in  which 
it  is  to  be  executed,  both  sustain  the  policy  of  letting  each 
State  fight  its  foes  in  its  own  way. 

Crime  and  the  Federal  Government.  While  the  State  gov- 
ernment is  the  chief  agent  for  suppressing  crime,  the  federal 
government  has  a  part  in  the  work.  Congress  as  well  as 
the  State  legislature  is  constantly  designating  new  crimes. 
Under  the  authority  of  the  Constitution  Congress  may  de- 
fine and  punish  crimes  in  the  District  of  Columbia,  in  the 
Territories  and  in  other  places  wholly  within  the  jurisdic- 
tion of  the  federal  government;  it  provides  punishment 
for  offenses  relating  to  the  post-office,  to  interstate  com- 
merce, to  the  currency,  to  federal  elections,  and  to  all  other 
matters  which  come  within  the  scope  of  the  federal  jurisdic- 
tion. Congress  also  defines  and  punishes  piracies  com- 
mitted on  the  high  seas  and  offenses  against  the  laws  of 
nations  (54). 

There  are  no  common  law  crimes  against  the  United 
States :  only  acts  designated  as  crimes  by  Congress  are  pun- 
ishable in  federal  courts.  A  person  charged  with  violating 
a  federal  statute  must  be  tried  in  the  State  in  which  the 
act  was  committed  (139)  and  is  entitled  to  a  speedy  trial 
by  a  jury  consisting  of  citizens  of  the  State. 

Punishment  for  counterfeiting  the  securities  and  current 
coins  of  the  United  States  is  fixed  by  Congress  (50).  By 
"securities"  is  meant  the  government's  bonds,  its  stamps 
and  other  representatives  of  value.  For  counterfeiting 
gold  and  silver  coin  the  punishment  is  a  fine  of  not  more 
than  five  thousand  dollars,  or  imprisonment  at  hard  labor 


CRIME  381 

for  not  more  than  ten  years.  For  counterfeiting  paper 
currency  the  punishment  is  still  more  severe. 

The  highest  crime  known  to  the  law  is  treason,  which 
may  be  broadly  defined  as  an  attack  upon  government 
itself.  Under  this  broad  definition  in  England  and  in 
other  countries  much  injustice  has  been  wrought.  Men 
who  have  committed  no  crime  other  than  to  earn  the 
displeasure  of  rulers  have  been  charged  with  treason  and 
put  to  death.  To  guard  against  evils  of  this  sort  the 
framers  of  the  Constitution  took  the  precaution  of  precisely 
defining  what  acts  should  be  regarded  as  treasonable.  To 
commit  treason  against  the  United  States  one  must  wage 
war  against  them  (112)  or  give  aid  or  comfort  to  their 
enemies.^  If  there  be  an  actual  assemblage  of  men  whose 
purpose  is  to  proceed  with  force  against  the  authority 
or  property  of  the  United  States  each  member  of  such  an 
assemblage  may  be  adjudged  a  traitor.  If  a  citizen — and 
no  one  but  a  citizen  can  be  a  traitor — sells  a  public  enemy 
provisions  or  arms,  he  gives  that  enemy  aid  and  comfort 
and  is  guilty  of  treason.  As  an  additional  safeguard  against 
the  abuse  of  power  the  Constitution  provides  that  at  least 
two  witnesses  must  testify  to  the  treasonable  act  of  which 
the  accused  is  charged  (113).  The  punishment  of  treason 
against  the  United  States  (114)  is  death,  or,  at  the  discre- 
tion of  the  court,  five  years  of  hard  labor  and  a  fine  of  not 
less  than  ten  thousand  dollars.  A  civil  officer  of  the  United 
States  found  guilty  of  treason  by  the  process  of  impeach- 
ment is  deprived  of  his  office. 

The  Prevention  of  Crime  and  the  Treatment  of  Criminals. 

Crime  in  the  United  States  costs  the  government  about 
two  hundred  million  dollars  annually — an  amount  abnost 
as  large  as  that  expended  for  education,  and  quite  as  large 
as  that  expended  upon  the  army  and  navy.     The  financial 

^  Treason  against  a  State  is  defined  in  the  State  constitutions,  and 
the  definition  is  usually  identical  with  that  given  in  the  Constitution 
of  the  United  States. 


382  THE  AMERICAN  GOVERNMENT 

loss  which  criminals  inflict  upon  society  is  estimated  to  be 
four  hundred  million  dollars.  The  total  cost  of  crime  is, 
therefore,  six  hundred  million  dollars  annually,  and  the 
burden  is  not  growing  lighter.  The  criminal  class  consists 
of  more  than  one  per  cent,  of  the  population,  and  it  cannot 
be  shown  that  this  proportion  is  decreasing;  indeed,  able 
authorities  assert  that  the  proportion  is  increasing.  This 
small  but  persevering  and  dangerous  class  has  been  pres- 
ent in  all  ages  and  in  all  countries,  and  governments  have 
tried  in  vain  to  extirpate  it.  Law-makers,  appealing  to  the 
emotion  of  fear,  for  a  long  time  endeavored  to  decrease 
crime  by  making  punishments  for  all  kinds  of  offenses  ex- 
tremely severe,  but  they  found  that  severity  of  penalty 
would  not  solve  the  problem.  Then  the  law-makers  at- 
tempted to  apply  the  principle  of  justice  in  the  punishment 
of  criminals;  they  adapted  the  punishment  to  the  crime, 
affixing  a  slight  penalty  to  a  petty  offense  and  ordaining 
a  more  severe  punishment  for  a  more  flagrant  deed.  Still 
this  did  not  solve  the  problem;  no  scheme  of  punishments, 
however  nicely  adjusted,  has  as  yet  had  the  effect  of  de- 
creasing crime. 

In  recent  years  we  have  been  trying  to  prevent  crime 
by  removing  its  causes.  It  is  recognized  that  crime  is  due 
in  a  large  measure  to  an  unfavorable  environment,  to  bad 
company,  to  poverty,  to  the  enervating  influence  of  wealth 
and  luxury,  to  crowded  tenements,  to  the  evil  influences  of 
cities,  and  philanthropists  and  statesmen  are  bending  their 
efforts  toward  improving  the  environment  which  is  respon- 
sible for  crime. 

Furthermore,  the  mental  attitude  of  the  public  toward 
criminals  is  changing.  Formerly  it  was  the  universal 
opinion  that  a  criminal  was  a  foe  to  society,  and  that  in 
meting  out  punishment  to  this  foe  the  welfare  of  society 
alone  should  be  regarded.  Now  in  the  adjustment  of  pun- 
ishments there  is  a  disposition  to  regard  the  welfare  of  the 
criminal  as  well  as  the  welfare  of  society.  It  is  contended 
that  a  criminal  is  a  person  who  is  afflicted  with  a  disease. 


CRIME  383 

the  disease  of  criminality,  and  that  government  ought  to 
heal  this  disease  if  it  can  do  so.  If  the  criminal  cannot  be 
healed  government  must  prevent  him  from  running  at  large. 
If,  however,  the  criminal  is  curable  he  must  be  restored  to 
society  as  soon  as  he  recovers.  A  penitentiary,  according 
to  this  doctrine,  is  simply  a  moral  hospital  where  criminals 
are  confined  until  they  are  cured  of  the  disease  of  crim- 
inality. In  conformity  with  this  view  industrial  schools, 
reformatories  and  asylums  are,  for  many  offenses,  taking 
the  place  of  jails  and  penitentiaries,  and  indeterminate 
sentences — sentences  which  detain  the  criminal  only  so 
long  as  he  remains  unreformed — are  being  substituted  for 
commitments  for  arbitrary  definite  periods.  "Whether  the 
new  methods  are  better  calculated  to  diminish  crime  than 
were  the  old  can  be  determined  only  by  experience. 

QUESTIONS  ON  THE  TEXT 

1.  How  was  crime  punished  in  the  earlier  stages  of  social  develop- 
ment? 

2.  Why  is  it  necessary  that  the  law  should  be  constantly  designating 
new  crimes? 

3.  When  affixing  a  punishment  to  a  crime  what  purpose  does  the 
lawmaker  have  in  view?     What  are  the  usual  forms  of  punishment? 

4.  Give  an  account  of  the  functions  of  the  State  government  in  ref- 
erence to  crime.     What  are  common  law  crimes? 

5.  Illustrate  how  punishment  for  crime  varies  from  State  to  State. 

6.  What  crimes  are  punishable  by  the  federal  government?  What  is 
treason?     How  is  it  punished? 

7.  What  is  the  money  cost  of  crime  in  the  United  States? 

8.  What  are  some  of  the  causes  of  crime? 

9.  What  new  policy  is  being  adopted  in  reference  to  the  treatment 
of  criminals? 

SUGGESTIVE  QUESTIONS  AND  EXEECISES 

1.  Arrange  the  following  causes  of  crime  according  to  the  percentage 
of  criminals  produced  by  each:  had  company,  drink,  -poverty,  temper, 
lack  of  moral  principle,  mental  incapacity.  If  you  are  unable  to  secure 
the  statistics  use  your  judgment  as  to  an  arrangement. 

2.  How  much  would  be  saved  in  money  per  voter  in  the  United 
States  if  everybody  would  do  right? 


384  THE  AMERICAN  GOVERNMENT 

3.  Are  you  inclined  to  support  the  doctrine  that  the  State  in  dealing 
with  a  criminal  should  entertain  no  idea  of  punishment;  that  it  should 
simply  treat  the  criminal  as  a  sick  person?  Give  reasons  for  your 
answer. 

4.  Does  the  constitution  of  this  State  say  anything  about  crime? 
about  punishments?  What  does  the  Constitution  of  the  United  States 
say  about  punishments  (142)  ?  Are  those  who  have  been  convicted  of 
crime  in  this  State  permitted  to  vote? 

5.  What  industrial  schools,  reformatories  and  asylums  are  supported 
in  this  State?     What  is  a  juvenile  court? 

6.  What  notable  persons  have  been  accused  of  treason  in  the  United 
States?     Has  there  ever  been  a  conviction  for  treason? 

7.  Prepare  a  five-minute  paper  on  The  Elmira  Reformatory. 

Topics  for  Special  Worlc. — The  Treatment  of  Crime:  4,  130-147. 
Causes  of  Crime:    29,  237-261. 


CHARITIES 

Charity  a  Function  of  Government.  Society  always  has  its 
poor  and  unfortunate,  and  the  problem  of  dealing  with 
poverty  is  hardly  less  perplexing  than  the  problem  of  deal- 
ing with  crime.  Poverty  and  crime  are  often  found  to- 
gether, but  they  are  not  related  as  cause  and  effect,  for 
pauperism  may  decrease  while  crime  is  increasing,  and 
vice  versa.  The  causes  of  poverty,  like  the  causes  of  crime, 
are  to  be  sought  largely  in  social  and  economic  conditions, 
and  the  true  cure  for  poverty  consists  in  the  betterment 
of  those  conditions. 

That  it  is  the  function  of  government  to  care  for  the 
dependent  class  has  long  been  recognized.  Among  the 
ancients  a  portion  of  the  tithes  was  by  law  devoted  to  the 
poor.  In  ancient  Rome  corn-laws  provided  for  the  dis- 
tribution of  grain  from  the  public  granaries  to  those  who 
could  not  afford  to  buy.  Throughout  the  middle  ages 
charity  was  for  the  most  part  administered  by  the  church, 
but  in  the  sixteenth  and  seventeenth  centuries  the  govern- 
ments of  Europe  began  to  legislate  for  the  poor.  In  the 
reign  of  Elizabeth  England  passed  a  law  requiring  each 
parish  to  support  its  own  poor,  and  this  law  served  as  a 
model  for  poor-laws  in  the  colonies,  and  later  was  imitated 
by  the  several  States. 

The  Care  of  the  Poor  a  Function  of  Local  Government. 
The  federal  government  has  no  charitable  functions.  It 
maintains  homes  for  its  worn-out  sailors  and  soldiers,  and 

385 


386  THE  AMERICAN  GOVERNMENT 

pays  vast  sums  as  pensions  to  those  who  have  served  in  its 
wars ;  but  what  it  spends  in  this  way  is  regarded  not  as  a 
gift,  but  as  a  debt.  Congress  sometimes  extends  quick  re- 
lief to  communities  which  have  been  visited  by  fire  or  flood, 
but  such  assistance  cannot  properly  be  called  charity. 

Power  for  public  almsgiving  flows  from  the  State.  In 
the  more  recently  adopted  constitutions  provision  is 
broadly  made  for  the  subject  of  pauperism,  just  as  provi- 
sion is  made  for  the  subject  of  crime.  The  legislature 
usually  imposes  upon  each  locality  the  burden  of  caring 
for  its  own  poor.  Charity  thus  begins  at  home.  The  State 
government  seldom  dispenses  aid  directly  to  the  dependent 
poor. 

The  civil  division  which  most  frequently  has  charge  of 
public  charity  is  the  county.  There  are  often  county  di- 
rectors or  overseers  of  the  poor  (p.  200),  and  these  have 
charge  of  the  county  almshouse  and  of  the  distribution  of 
funds  to  the  needy.  In  States  where  there  is  a  vigorous 
township  government,  the  township,  and  not  the  county, 
administers  the  charities,  and  likewise  in  a  well-organized 
city  a  department  of  charities  often  relieves  the  county  of 
its  charitable  function. 

Outdoor  and  Indoor  Relief.  There  are  two  historic 
methods  of  helping  the  poor,  the  method  of  outdoor  relief 
and  indoor  relief.  Outdoor  relief  is  the  relief  of  the  poor 
in  their  homes ;  indoor  relief  is  given  to  the  poor  who  have 
become  inmates  of  almshouses.  In  most  of  the  States  the 
two  methods  are  employed  side  by  side.  The  applicant 
for  aid  sometimes  receives  a  small  sum  of  money  to  be 
spent  by  himself  in  his  home ;  sometimes  he  must  go  to  the 
almshouse  for  food,  clothing  and  shelter.  Whether  aid  shall 
be  given  indoors  or  outdoors  is  a  question  which  the  au- 
thorities of  the  locality  decide,  each  case  being  judged  ac- 
cording to  the  circumstances  attending  it. 

The  reasons  for  outdoor  relief  are  these:  (1)  it  is  kindly, 
since  the  recipient  is  not  separated  from  his  friends  and 


CHARITIES  387 

family;  (2)  it  is  economical,  since  it  costs  less  on  an  aver- 
age to  assist  a  person  in  his  home  than  it  does  to  support 
him  in  an  almshouse;  (3)  it  would  be  impossible  to  accom- 
modate in  almshouses  all  who  apply  for  aid. 

The  reasons  against  outdoor  relief  are:  (1)  it  increases 
the  number  of  applicants,  because  it  is  less  disgraceful  than 
the  indoor  system;  (2)  it  corrupts  politics  by  tempting 
the  authorities  to  extend  aid  in  return  for  votes;  (3)  it 
reduces  the  rate  of  wages,  because  its  recipients  can  afford 
to  work  for  less  than  their  self-supporting  competitors.^ 

The  Defective  Classes.  Government  extends  its  aid  to  the 
defective  classes  as  well  as  to  the  dependent  and  helpless 
poor.  A  century  ago  paupers,  defectives  and  criminals  were 
often  huddled  together  within  the  same  walls  and  sub- 
jected to  treatment  that  was  sometimes  barbarous.  Now 
there  are  separate  institutions  for  each  class.  Moreover, 
the  defectives  are  also  divided  into  classes  and  are  cared 
for  in  separate  institutions.  Thus  we  have  institutions  for 
the  blind,  for  the  deaf  and  dumb,  for  the  insane,  for  the 
feeble-minded,  for  the  epileptic,  for  the  deformed. 

As  a  rule,  the  expense  of  caring  for  the  defective  classes 
is  too  heavy  to  be  borne  wholly  by  the  local  government, 
and  it  becomes  necessary  for  the  State  to  care  for  them. 
In  almost  every  State  the  central  government  provides 
hospitals  for  the  insane,  schools  for  the  deaf  and  dumb, 
schools  for  the  blind,  and  reformatory  schools  for  juvenile 
offenders.  These  State  institutions  for  defectives  are  sup- 
ported in  part  by  State  revenues,  in  part  by  contributions 
from  the  local  government. 

State  Boards  of  Charities.  In  about  half  the  States  there 
have  been  established  State  boards  of  charities.  The  duties 
of  these  boards  vary,  but  usually  the  State  board  of  char- 
ities exercises  a  close  supervision  over  all  the  State  reforma- 
tories and  institutions  for  the  defective  classes-,  and  inspects 
^See  A.  G.  Warner,  "American  Charities." 


388  THE  AMERICAN  GOVERNMENT 

the  charitable  work  of  the  localities  and  makes  a  report 
thereon  to  the  governor  or  to  the  legislature.  In  several 
instances  this  board  possesses  a  very  substantial  power. 
Thus  in  New  York  the  State  board  of  charities  visits,  in- 
spects and  maintains  a  general  supervision  of  all  institu- 
tions, societies  or  associations  of  a  charitable,  corrective  or 
reformatory  character,  whether  State,  municipal  or  unin- 
corporated, and  it  can  enforce  in  these  institutions  a  hu- 
mane and  wise  administration. 

Organized  Charity.  Of  course  government  is  not  the  only 
almsgiver.  We  give  to  the  beggar  whom  we  pass  on  the 
street;  well-to-do  people  often  make  it  a  point  to  extend 
regular  assistance  to  certain  destitute  families;  churches 
of  every  denomination  engage  in  charity  work;  societies 
and  associations  for  the  relief  of  the  poor  abound  in  every 
community. 

Until  quite  recently  private  charities  as  well  as  public 
were  indiscriminate  and  unorganized,  and  the  results  of 
the  haphazard  giving  were  often  unfortunate  and  some- 
times ludicrous.  Alms  unwisely  extended  sometimes  con- 
verted a  person  who  was  simply  needy  into  a  professional 
beggar,  and  the  abundant  sources  of  aid  often  invited 
the  lazy  to  quit  work  and  live  entirely  upon  charity.  This 
was  possible  when  by  a  little  diplomacy  and  cunning  one 
could  exploit  the  benevolence  of  perhaps  a  half-dozen 
churches  and  as  many  societies. 

In  1869  in  England,  and  a  little  later  in  America,  a  move- 
ment was  begun  to  organize  charity  work,  and  the  results 
which  followed  were  so  satisfactory  that  charity  organiza- 
tion societies  were  rapidly  formed.  Societies  of  this  kind, 
known  as  associated  charities  or  united  charities  or  the 
bureau  of  charities,  exist  in  nearly  two  hundred  cities  in 
the  United  States. 

Organized  charity  aims: 

1.  To  secure  cooperation  and  unity  of  action  among  all 
charitable  agencies,  public  and  private. 


CHARITIES  389 

2.  To  learn  the  facts  connected  with  every  application 
for  aid. 

3.  To  extend  quick  relief  to  all  who  are  actually  in  need. 

4.  To  expose  impostors. 

5.  To  find  work  for  all  who  are  able  and  willing  to  work. 

6.  To  establish  relations  of  personal  interest  and  sym- 
pathy between  the  poor  and  the  well-to-do. 

QUESTIONS  ON  THE  TEXT 

1.  To  what  extent  has  charity  in  the  past  been  regarded  as  a  func- 
tion of  government? 

2.  To  what  grade  of  government  has  the  charitable  function  in  the 
United  States  been  assigned? 

3.  What  is  meant  by  outdoor  relief?  indoor  relief?  What  reasons 
may  be  given  for  and  against  outdoor  relief? 

4.  What  provision  is  made  for  the  defective  classes? 

5.  What  is  the  duty  of  the  State  board  of  charities? 

6.  What  evils  attend  unorganized  and  unsystematic  charity  work? 

7.  What  are  the  aims  of  organized  charity  work? 

SUGGESTIVE  QUESTIONS  AND  EXEKCISES 

1.  Does  the  constitution  of  this  State  say  anything  about  charity? 
anything  about  pauperism?  Are  paupers  permitted  to  vote  in  this 
State? 

2.  What  provision  is  made  in  this  State  for  the  defective  classes,  the 
deaf,  the  blind,  the  insane,  the  feeble-minded? 

3.  Arrange  the  following  causes  of  poverty  according  to  the  per- 
centage of  paupers  made  by  each:  lack  of  employment,  sickness,  acci- 
dent, insufficient  earnings,  intemyerance,  shiftlessness,  physical  defects. 
If  you  are  not  able  to  secure  the  facts  use  your  judgment  in  making 
an  arrangement. 

4.  Name  the  charitable  institutions  of  which  you  have  knowledge. 
Are  most  of  these  supported  by  private  liberality? 

5.  If  a  street  beggar  should  ask  you  for  money  would  you  give  him 
any?     What  is  "scientific  charity"? 

Topics  for  Special  Work.—T!\iQ  Problem  of  Pauperism:  4,  148-157. 
Causes  of  Poverty:  23,  32-65.  Conditions  of  Living  among  the  Poor: 
Send  for  Bulletin  64,  Bureau  of  Labor,  Washington,  D.  C. 


LI 

THE  POLICE  POWER  OF  THE  STATES 

The  Police  Power  Defined.  In  its  broad  sense  the  term 
"police  power"  may  refer  to  the  entire  system  of  regu- 
lations by  which  government  preserves  peace  and  order 
and  prevents  violations  of  law.  In  its  narrower  sense,  in 
the  sense  in  which  it  is  used  in  this  chapter,  the  police 
power  is  the  system  of  internal  regulations  by  which  a 
State  seeks  "to  establish  for  the  intercourse  of  citizen 
with  citizen  those  rules  of  good  manners  and  good  neigh- 
borhood which  are  calculated  to  prevent  a  conflict  of  rights, 
and  to  insure  to  each  the  uninterrupted  enjoyment  of  his 
own  so  far  as  is  reasonably  consistent  with  a  like  enjoy- 
ment of  rights  by  others":  ^  or,  it  is  the  "power  which  con- 
strains the  inhabitants  of  a  State  to  conform  their  general 
behavior,  like  members  of  a  well-governed  family,  to  the 
rules  of  propriety,  and  to  be  decent,  industrious  and  in- 
offensive in  their  respective  stations."  The  police  power 
properly  extends  to  the  regulation  of  matters  which  affect 
the  health,  safety  and  morality  of  society. 

The  police  power  rests  on  the  principle  that  one  must 
use  his  own  in  such  a  way  as  not  to  injure  another.  I  must 
make  such  use  of  my  rights,  my  freedom,  my  property,  as 
will  not  interfere  with  my  neighbor  in  the  lawful  enjoyment 
of  his  rights  and  freedom  and  property.  If  a  man,  in 
order  to  strengthen  his  lungs,  shouts  lustily  in  an  open 
field  where  no  one  can  hear  him,  government  will  not 
check  him,  but  if  his  shouting  is  done  where  people  are 

^Cooley,  "Constitutional  Limitations,"  p.  572. 
390 


THE  POLICE  POWER  OF  THE  STATES       391 

disturbed  by  it  the  police  power  may  be  interposed  to 
silence  him.  A  maker  of  dangerous  explosives  may  ply 
his  trade  in  an  isolated  building  and  government  may  not 
interfere,  but  if  he  undertakes  to  make  such  explosives 
where  the  lives  and  property  of  others  are  thereby  put  in 
jeopardy,  the  police  power  will  be  invoked  to  prevent  the 
manufacture.  From  its  nature  "the  police  power  will  al- 
ways have  a  wider  field  of  action  in  a  city  than  in  a  village, 
and  in  a  village  than  in  a  farming  neighborhood." 

The  Police  Power  Exercised  by  the  State.  In  the  division 
of  the  powers  between  the  States  and  the  federal  government 
the  police  power  was  left  entirely  to  the  States.  The  fed- 
eral government  may  exercise  this  power  whenever  in  the 
discharge  of  its  regular  functions  it  seems  necessary,  but 
it  is  rare  that  it  does  this.  The  spirit  of  our  government 
is  to  leave  the  police  power  in  its  integrity  to  the  States. 
Several  attempts  have  been  made  to  amend  the  Constitution 
by  bestowing  upon  it  powers  of  this  nature,  but  all  such 
movements  have  failed. 

The  Public  Health.  The  State  avails  itself  of  the  police 
power  to  preserve  and  protect  the  public  health.  In  most 
of  the  States  there  is  a  State  Board  of  Health  which  exer- 
cises a  general  supervision  over  sanitary  affairs,  and 
cooperates  with  and  gives  suggestions  to  the  health  officers 
of  the  county.  One  of  the  most  important  duties  of  the 
State  Board  is  to  prevent  the  spread  of  contagious  dis- 
eases. In  order  to  accomplish  this  it  provides  for  the  com- 
pulsory vaccination  of  citizens,  and  for  the  disinfection 
and  destruction  of  places  exposed  to  infectious  and  con- 
tagious diseases.  It  also  may  isolate  those  stricken  with 
contagious  maladies,  and  assist  in  the  enforcement  of  quar- 
antine laws. 

In  a  few  States  the  State  Board  of  Health  is  clothed 
with  substantial  powers,  and  exercises  a  rea'l  control  over 
local  sanitation,  but  in  most  of  the  States  the  actual  care 


392  THE  AMERICAN  GOVERNMENT 

of  the  public  health  rests  with  the  local  government.  In 
cities,  where  proper  sanitary  conditions  are  of  the  highest 
importance,  a  municipal  board  of  health  wages  constant 
warfare  against  conditions  which  produce  disease.  In  the 
discharge  of  their  duties  health  officers  are  often  com- 
pelled to  intrude  upon  the  private  rights  of  the  citizen.  If 
some  one  in  a  house  is  suffering  with  a  contagious  disease 
the  house  may  be  quarantined;  if  there  is  an  epidemic  of 
smallpox  in  a  community,  the  citizens,  willing  or  unwilling, 
may  be  compelled  to  be  vaccinated;  if  the  water  in  a  pri- 
vate well  contains  disease-bearing  germs  the  well  may  be 
condemned  and  filled  up  by  command  of  the  health  officers ; 
if  wearing  apparel  has  been  exposed  to  contagious  disease 
it  may  be  destroyed  by  officers  of  the  law.  In  the  name 
of  the  public  health  and  by  virtue  of  the  police  power 
which  it  possesses,  the  State  makes  these  invasions  upon 
private  rights. 

The  Public  Safety.  The  State,  or  the  local  government 
acting  for  it,  uses  the  police  power  freely  to  protect  the 
public  from  unusual  dangers.  It  compels  railroad  com- 
panies to  fence  their  tracks  and  build  them  above  or  below 
grade  at  public  crossings;  it  requires  engineers  to  ring  the 
bell  and  blow  the  whistle  at  all  places  on  the  railroad  where 
the  approach  of  the  train  may  be  dangerous  to  travel;  it 
regulates  the  speed  of  trains;  it  limits  the  number  of  pas- 
sengers a  steamboat  may  carry;  it  compels  the  construc- 
tion of  fire-escapes  for  tall  buildings;  it  permits  the 
destruction  of  property  to  prevent  the  spread  of  fire; 
it  throws  safeguards  around  the  sale  of  explosives  and 
poisonous  drugs;  it  commands  the  muzzling  of  dangerous 
dogs;  it  orders  the  demolition  of  buildings  that  threaten 
to  fall  and  destroy  life  or  property;  it  abates  nuisances 
which  interfere  with  the  comfort  and  convenience  of  so- 
ciety. In  a  hundred  ways  the  citizen  is  reminded  that  the 
interests  and  desires  of  the  individual  are  brushed  aside 
when  these  happen  to  be  hostile  to  the  safety  of  society. 


THE  POLICE  POWER  OF  THE  STATES       393 

The  Public  Morality.  For  centuries  governments  sought 
by  legislation  to  mold  the  character  of  individuals.  They 
subjected  the  private  conduct  of  the  citizen  to  official  regu- 
lations and  restraints  with  the  view  of  making  him  a  bet- 
ter man.  Experience  slowly  taught  the  truth  that  a  man 
cannot  be  legislated  into  morality,  and  governments  gradu- 
ally changed  their  attitude.  Instead  of  seeking  to  improve 
the  morals  of  the  individual  they  framed  their  laws  with 
the  view  of  preserving  the  morals  of  the  state.  In  America 
the  State  uses  the  police  power  to  protect  the  public  mo- 
rality, but  in  doing  this  it  does  not  enter  into  the  con- 
science and  intention  of  the  individual  and  pronounce  cer- 
tain acts  immoral;  it  simply  declares  that  certain  external 
acts  come  under  the  police  power  for  regulation  or  sup- 
pression because  they  corrupt  the  morals  of  the  public 
and  thus  strike  a  blow  at  the  general  welfare.  Among 
these  acts  are  excessive  drinking  of  intoxicating  liquors, 
gambling  and  inflicting  cruelty  upon  animals.  The  first 
of  these  requires  particular  notice. 

Intemperance  is  as  old  as  history  and  efforts  to  suppress 
it  by  governmental  action  are  almost  as  old,  A  thousand 
years  before  the  Christian  era  an  emperor  in  China,  in 
order  to  put  an  end  to  drunkenness,  ordered  all  the  vines 
in  the  kingdom  to  be  uprooted,  a  reform  which  was  imi- 
tated later  (800  b.c.)  by  Lycurgus  of  Greece.  During  the 
middle  ages  the  church  struggled  with  intemperance,  but 
at  the  end  of  the  period  Bacon  was  compelled  to  say 
that  all  the  crimes  on  earth  did  not  destroy  so  many  lives 
or  alienate  so  much  property  as  drunkenness.  In  the  seven- 
teenth and  eighteenth  centuries  the  English  government 
undertook  to  deal  with  the  liquor  traffic,  but  it  did  not  go 
about  the  matter  in  the  right  way.  The  consumption  of 
liquor  increased  and  drunkenness  continued  to  be  the  pre- 
vailing vice  in  all  classes  of  society.  In  the  American 
colonies  the  evil  was  widespread. 

In  the  early  years  of  the  nineteenth  century  temperance 
societies  in  England  and  the  United  States  began  a  cru- 


394  THE  AMERICAN  GOVERNMENT 

sade  in  favor  of  total  abstinence  from  intoxicating  liquors, 
and  about  the  middle  of  the  century  the  influence  of  these 
societies  began  to  be  felt  in  legislation.  In  1851  Maine 
passed  a  law  prohibiting  the  sale  and  manufacture  of  intox- 
icating liquors  except  for  medicinal  and  mechanical  pur- 
poses, and  in  that  State  the  prohibition  law  has  been  re- 
tained. Other  States  have  adopted  the  prohibition  policy. 
At  present  prohibition  prevails  in  Maine,  Kansas,  North 
Dakota,  Oklahoma,  North  Carolina,  Washington,  Oregon, 
Arizona,  Mississippi,  Georgia,  Tennessee,  Colorado,  South 
Carolina,  and  West  Virginia. 

In  a  number  of  States  a  policy  of  local  option  prevails 
in  reference  to  the  matter  of  selling  liquor.  The  voters 
of  a  city  or  county  or  town  vote  upon  the  question  whether 
the  saloons  shall  be  licensed  or  not.  If  the  vote  is  in  favor 
of  no  license  the  prohibition  law  is  applied  to  the  particu- 
lar civil  division.  The  plan  of  local  prohibition  is  followed 
in  about  three  fourths  of  the  States. 

Are  prohibition  laws  effective?  They  are  where  there 
is  a  strong  public  sentiment  behind  them.  Where  judges 
and  juries  and  law  officers  and  the  best  citizenship  of  a 
community  are  in  earnest,  and  are  determined  that  in- 
toxicating liquors  shall  not  be  sold,  a  prohibition  law, 
whether  local  or  general,  is  as  successful  in  that  community 
as  other  laws.  As  a  matter  of  fact,  prohibition  laws  affect- 
ing the  whole  State  have  not  often  accomplished  their 
purpose  in  all  parts  of  the  State,  but  the  plan  of  local 
option  has  usually  given  satisfaction  to  the  friends  of  pro- 
hibition. 

A  great  many  advocates  of  temperance  reform  believe 
that  absolute  prohibition  is  impossible  and  are  content  that 
the  liquor  traffic  should  be  regulated.  One  form  of  regula- 
tion is  to  require  of  those  who  sell  liquors  an  unusually 
high  license.  In  the  States  where  the  high  license  policy 
has  been  adopted  the  license  varies  from  three  hundred  dol- 
lars to  twelve  hundred  dollars.  Thus  in  some  States  every 
saloon  supports  a  school.     The  advocates  of  high  license 


THE  POLICE  POWER  OF  THE  STATES       395 

claim  that  it  does  away  with  objectionable  saloons;  that 
it  confines  the  traffic  to  responsible  dealers;  that  it  dimin- 
ishes the  number  of  saloons  and  thereby  decreases  the 
power  which  the  saloon  may  have  in  politics. 

Do  prohibition  laws  and  dispensary  laws  interfere  with 
interstate  commerce?  The  Supreme  Court  in  1890  decided 
that  the  State  law  could  not  prevent  the  sale  in  original 
packages  or  kegs  unbroken  and  unopened  of  liquors  manu- 
factured and  brought  from  any  other  State.  This  decision 
made  it  impossible  for  a  State  to  execute  a  prohibition  law. 
Congress,  however,  came  to  the  relief  of  the  State  and 
passed  a  law  giving  the  State  the  right  to  exercise  the  police 
power  over  liquors  brought  within  its  borders  from  an- 
other State,  whether  in  original  packages  or  otherwise. 
In  other  words,  Congress  concluded  that  it  would  not  use 
its  power  to  regulate  commerce  in  such  a  way  as  to  deprive 
the  State  of  its  police  power. 

QUESTIONS  ON  THE  TEXT 

1.  "What  is  meant  by  "police  power"  as  the  term  is  used  in  this 
chapter?  To  what  matters  does  the  police  power  extend"?  On  what 
fundamental  principles  does  the  police  power  rest? 

2.  By  which  of  the  governments  is  the  police  power  usually  exer- 
cised?    When  does  the  federal  government  exercise  this  power? 

3.  What  are  the  duties  of  the  State  Board  of  Health?  Give  illus- 
trations of  the  way  health  officers  exercise  the  police  power. 

4.  What  are  some  of  the  uses  made  of  the  police  power  to  protect 
the  public  safety? 

5.  What  actions  are  regulated  or  suppressed  because  they  corrupt 
public  morality? 

6.  What  measures  have  governments  taken  in  reference  to  temper- 
ance? What  has  been  the  history  of  temperance  legislation  in  the 
United  States? 

7.  Describe  two  forms  of  prohibition.  When  are  prohibition  laws 
effective? 

8.  Describe  two  methods  of  regulating  the  liquor  traffic. 

9.  What  has  been  the  history  of  prohibition  laws  in  reference  to 
interstate  commerce? 


396  THE  AMERICAN  GOVERNMENT 


SUGGESTIVE  QUESTIONS  AND  EXERCISES 

1.  Give  reasons  why  the  police  power  should  not  be  exercised  by  the 
federal  government. 

2.  Does  the  constitution  of  the  State  say  anything  about  the  police 
power  ? 

3.  Is  there  a  State  board  of  health  in  this  State?  How  is  it 
chosen?    What  are  some  of  its  powers? 

4.  Is  there  a  local  board  of  health  in  this  municipality?  How  is  it 
chosen?     What  is  it  doing  for  the  public  health? 

5.  Name  some  uses  of  the  police  power  not  stated  in  the  text. 

6.  Are  you  aware  of  any  unwarranted  use  of  the  police  power  in 
this  State?    If  so,  how  may  the  abuse  be  corrected? 

7.  On  what  grounds  would  you  justify  a  law  or  ordinance  which 
forbids:  the  firing  of  Chinese  crackers  on  the  Fourth  of  July?  the  toot- 
ing of  horns  on  Christmas  Eve?  the  wearing  of  feathers  in  ladies' 
hats?  the  running  of  trains  on  Sunday?  the  selling  of  cigarettes  to 
boys?  the  building  of  wooden  houses  in  the  center  of  cities? 

8.  Does  the  constitution  of  this  State  say  anything  about  the  sale 
of  intoxicating  liquors? 

9.  Are  the  laws  of  this  State  in  reference  to  the  sale  of  liquor 
regulative  or  prohibitive?    Are  they  effective  laws? 

10.  Is  the  violation  of  a  police  law  always  a  crime?     What  is  the 
difference  between  a  crime  and  a  misdemeanor?  between  a  crime  and 


Topics  for  Special  Work. — The  Maine  Law  of  1851:     28,  22-96. 


APPENDIX  A 


[THE  CONSTITUTION 

OP    THE 

UNITED  STATES  OF  AMERICA] 

We  the  People  of  the  United  States,  in  Order  to  form  a  1 
more  perfect  Union,  establish  Justice,  insure  domestic 
Tranquillity,  provide  for  the  common  defence,  promote 
the  general  Welfare,  and  secure  the  Blessings  of  Liberty 
to  ourselves  and  our  Posterity,  do  ordain  and  establish 
this  Constitution  for  the  United  States  of  America. 

ARTICLE  I 

Section  1.     All  legislative  Powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall  con-  2 
sist  of  a  Senate  and  House  of  Representatives. 

Section  2.     The  House  of  Representatives  shall  be  com- 
posed of  Members  chosen  every  second  Year  by  the  People  3 
of  the  several  States,  and  the  Electors  in  each  State  shall 
have  the  Qualifications  requisite  for  Electors  of  the  most  4 
numerous  Branch  of  the  State  Legislature. 

No  Person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  Years,  and  been  seven  5 
Years  a  Citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  Inhabitant  of  that  State-  in  which  he  6 
shall  be  chosen. 

397 


398  APPENDIX 

Representatives  and  direct  Taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 

7  Union,  according  to  their  respective  Numbers,  which  shall 
be  determined  by  adding  to  the  whole  Number  of  free 
Persons,  including  those  bound  to  Service  for  a  Term  of 

8  Years,  and  excluding  Indians  not  taxed,  three  fifths  of  all 
other  Persons.^  The  actual  Enumeration  shall  be  made 
within  three  Years  after  the  first  Meeting  of  the  Congress 

9  of  the  United  States,  and  within  every  subsequent  Term 
of  ten  Years,  in  such  ]Manner  as  they  shall  by  Law  direct. 

10  The  Number  of  Representatives  shall  not  exceed  one  for 
every  thirty  Thousand,  but  each  State  shall  have  at  Least 
one  Representative;  and  until  such  enumeration  shall  be 
made,  the   State  of  New  Hampshire  shall  be  entitled  to 

11  chuse  three,  Massachusetts  eight,  Rhode-Island  and  Provi- 
dence Plantations  one,  Connecticut  five,  New  York  six. 
New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Mary- 
land six,  Virginia  ten.  North  Carolina  five,  South  Carolina 
five,  and  Georgia  three. 

12  When  vacancies  happen  in  the  Representation  from  any 
State,  the  Executive  Authority  thereof  shall  issue  Writs 
of  Election  to  fill  such  Vacancies. 

13  The  House  of  Representatives  shall  chuse  their  Speaker 

14  and  other  Officers;  and  shall  have  the  sole  Power  of  Im- 
peachment. 

15  Section  3.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  Legis- 
lature thereof,  for  six  Years;  and  each  Senator  shall  have 
one  Vote.^ 

Immediately  after  they  shall  be  assembled  in  Conse- 
quence of  the  first  Election,  they  shall  be  divided  as  equally 
as  may  be  into  three  Classes.  The  Seats  of  the  Senators  of 
the  first  Class  shall  be  vacated  at  the  Expiration  of  the 
second  Year,  of  the  second  Class  at  the  Expiration  of  the 

^  The  clause  in  italics  superseded  by  the  13th  and  14th  Amendments. 
^  This  paragraph  was  superseded  by  the  17th  Amendment. 


APPENDIX  399 

fourth  Year,  and  of  the  third  Class  at  the  Expiration  of 
the  sixth  Year,  so  that  one  third  may  be  chosen  every  16 
second  Year;  and  if  Vacancies  happen  by  Resignation,  or 
otherwise,  during  the  Recess  of  the  Legislature  of  any 
State,  the  Executive  thereof  may  make  temporary  Ap- 
pointments until  the  next  Meeting  of  the  Legislature,  which  17 
shall  then  fill  such  Vacancies. 

No  Person  shall  be  a  Senator  who  shall  not  have  attained 
to  the  age  of  thirty  Years,  and  been  nine  Years  a  citizen  18 
of  the   United   States,    and  who   shall   not,   when   elected, 
be   an   Inhabitant   of   that   State    for   which   he    shall   be   19 
chosen. 

The  Vice  President  of  the  United  States  shall  be  Presi- 
dent of  the  Senate,  but  shall  have  no  Vote,  unless  they  be  20 
.  equally  divided. 

The  Senate  shall  chuse  their  other  Officers,  and  also  a 
President  pro  tempore,  in  the  Absence  of  the  Vice  Presi-  21 
dent,  or  when  he  shall  exercise  the  Office  of  President  of 
the  United  States. 

The  Senate  shall  have  the  sole  Power  to  try  all  Impeach- 
ments. When  sitting  for  that  Purpose,  they  shall  be  on 
Oath  or  Affirmation.  When  the  President  of  the  United 
States  is  tried,  the  Chief  Justice  shall  preside :  And  no  Per-  22 
son  shall  be  convicted  without  the  Concurrence  of  two 
thirds  of  the  Members  present. 

Judgment  in  Cases  of  Impeachment  shall  not  extend  fur- 
ther than  to  removal  from  Office,  and  disqualification  to 
hold  and  enjoy  any  Office  of  honor,  Trust  or  Profit  under 
the  United  States:  but  the  Party  convicted  shall  neverthe-  23 
less  be  liable  and  subject  to  indictment.  Trial,  Judgment 
and  Punishment,  according  to  Law. 

Section  4.    The  Times,  Places  and  ]\Ianner  of  holding  Elec- 
tions for  Senators  and  Representatives,  shall  be  prescribed 
in  each  State  by  the  Legislature  thereof;  but  the  Congress  24 
may  at  any  time  by  Law  make  or  alter  such  Regulations, 
except  as  to  the  Places  of  chusing  Senators. 


400  APPENDIX 

The  Congress  shall  assemble  at  least  once  in  every  Year, 

25  and  such  Meeting  shall  be  on  the  first  Monday  in  December, 
unless  they  shall  by  Law  appoint  a  different  Day. 

26  Section  5.  Each  House  shall  be  the  Judge  of  the  Elections, 
Eeturns  and  Qualifications  of  its  own  Members,  and  a  Ma- 

27  jority  of  each  shall  constitute  a  Quorum  to  do  business; 
but  a  smaller  Number  may  adjourn  from  day  to  day,  and 
may  be  authorized  to  compel  the  Attendance  of  absent 
Members,  in  such  Manner,  and  under  such  Penalties  as  each 
House  may  provide. 

28  Each  House  may  determine  the  Rules  of  its  Proceedings, 
punish  its  Members  for  disorderly  Behaviour,  and,  with  the 

29  Concurrence  of  two  thirds,  expel  a  Member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  Parts 
as  may  in  their  Judgment  require  Secrecy;  and  the  Yeas 
and  Nays  of  the  Members  of  either  House  on  any  question 

30  shall,  at  the  desire  of  one  fifth  of  those  Present,  be  entered 
on  the  Journal. 

Neither   House,   during  the   Session   of   Congress,   shall, 

31  without  the  Consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  Place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

Section  6.    The  Senators  and  Eepresentatives  shall  receive 

32  a  Compensation  for  their  Services,  to  be  ascertained  by 
Law,  and  paid  out  of  the  Treasury  of  the  United  States. 
They  shall  in  all  Cases,  except  Treason,  Felony  and  Breach 

33  of  the  Peace,  be  privileged  from  Arrest  during  their  At- 
tendance at  the  Session  of  their  respective  Houses,  and  in 
going  to  and  returning  from  the  same ;  and  for  any  Speech 
or  Debate  in  either  House,  they  shall  not  be  questioned 
in  any  other  Place. 

No  Senator  or  Representative  shall,  during  the  Time  for 

34  which  he  was  elected,  be  appointed  to  any  civil  Office  under 
the  Authority  of  the  United  States,  which  shall  have  been 
created,  or  the  Emoluments  whereof  shall  have  been  en- 


APPENDIX  401 

creased  during  such  time ;  and  no  Person  holding  any  Office  35 
under  the  United  States,  shall  be  a  Member  of  either  House 
during  his  Continuance  in  Office. 

Section  7.    All  Bills  for  raising  Revenue  shall  originate  in  36 
the  House  of  Representatives;  but  the  Senate  may  propose 
or  concur  with  Amendments  as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House  of  Repre-  37 
sentatives  and  the  Senate,  shall,  before  it  becomes  a  Law, 
be  presented  to  the  President  of  the  United  States;  If  he 
approve  he  shall  sign  it,  but  if  not  he  shall  return  it,  with  38 
his  Objections  to  that  House  in  which  it  shall  have  origi- 
nated,  who  shall  enter  the   Objections  at  large   on  their 
Journal,  and  proceed  to  reconsider  it.    If  after  such  Recon- 
sideration two  thirds  of  that  House   shall  agree  to   pass  39 
the  Bill,  it  shall  be  sent,  together  with  the  Objections,  to 
the  other  House,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two  thirds  of  that  House,  it  shall  be-  40 
come  a  Law.    But  in  all  such  Cases  the  Votes  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  Names  of 
the  Persons  voting  for  and  against  the  Bill  shall  be  en- 
tered on  the  Journal  of  each  House  respectively.     If  any 
Bill  shall  not  be  returned  by  the  President  within  ten  Days  41 
(Sundays  excepted)   after  it  shall  have  been  presented  to 
him,  the  Same  shall  be  a  Law,  in  like  Manner  as  if  he  had 
signed  it,  unless  the  Congress  by  their  Adjournment  pre- 
vents its  Return,  in  which  Case  it  shall  not  be  a  Law. 

Every  Order,  Resolution,^  or  Vote  to  which  the  Concur-  42 
renee  of  the  Senate  and  House  of  Representatives  may  be 
necessary  (except  on  a  question  of  Adjournment)  shall  be 
presented  to  the  President  of  the  United  States ;  and  before  43 
the  Same  shall  take  Effect,  shall  be  approved  by  him,  or 
being  disapproved  by  him,  shall  be  repassed  by  two  thirds 
of  the  Senate  and  House  of  Representatives,  according  to 
the  Rules  and  Limitations  prescribed  in  the  Case  of  a  Bill. 

*  Resolutions  of   Congress   proposing  amendments   to   the   Constitution 
do  not  require  the  assent  of  the  President. 


402  APPENDIX 

44  Section  8.  The  Congress  shall  have  Power  to  lay  and  col- 
lect Taxes,  Duties,  Imposts  and  Excises,  to  pay  the  Debts 

45  and  provide  for  the  common  Defence  and  general  Welfare 
of  the  United  States;  but  all  Duties,  Imposts  and  Excises 
shall  be  uniform  throughout  the  United  States ; 

46  To  borrow  money  on  the  credit  of  the  United  States ; 

47  To  regulate  Commerce  with  foreign  Nations,  and  among 
the  several  States,  and  with  the  Indian  Tribes; 

48  To  establish  an  uniform  Rule  of  Naturalization,  and 
uniform  Laws  on  the  subject  of  Bankruptcies  ^  throughout 
the  United  States; 

49  To  coin  JMoney,  regulate  the  Value  thereof,  and  of  foreign 
Coin,  and  fix  the  Standard  of  Weights  and  Measures ; 

50  To  provide  for  the  Punishment  of  counterfeiting  the 
Securities  and  current  Coin  of  the  United  States ; 

51  To  establish  Post  Offices  and  post  Roads; 

To  promote  the  Progress  of  Science  and  useful  Arts,  by 

52  securing  for  limited  Times  to  Authors  and  Inventors  the 
exclusive  Right  to  their  respective  Writings  and  Discov- 
eries ;  ^ 

53  To  constitute  Tribunals  inferior  to  the  supreme  Court; 

54  To  define  and  punish  Piracies  and  Felonies  committed 
on  the  high  Seas,  and  Offences  against  the  Law  of  Nations ; 

55  To  declare  War,  grant  Letters  of  Marque  and  Reprisal, 
and  make  Rules  concerning  Captures  on  Land  and  Water ; 

^  A  bankrupt  law  enables  a  person  who  is  unable  to  pay  all  his  debts 
to  divide  what  property  he  has  among  his  creditors  proportionately  and 
to  be  discharged  from  legal  obligation  to  make  further  payment.  Con- 
gress has  absolute  power  in  the  matter  of  bankruptcy,  but  it  has  not 
exercised  this  power  continuously.  The  present  bankrupt  law  was 
passed  in  1898.  In  the  absence  of  legislation  by  Congress  the  State 
regulates  the  subject  of  bankruptcy. 

^  An  author  may  secure  a  copyright  on  a  book  by  sending  to  the  libra- 
rian of  Congress  at  Washington  a  copy  of  the  title-page  and  two  copies 
of  the  book  on  or  before  the  day  of  publication.  The  copyright  gives 
an  exclusive  right  to  sell  for  twenty-eight  years,  a  period  which  upon 
application  may  be  extended  twenty-eight  years.  A  patent  secures  to 
an  inventor  the  exclusive  right  to  manufacture  and  sell  his  invention 
for  seventeen  years.  Patents  are  secured  by  sending  to  the  Commis- 
sioner of  Patents  at  Washington  a  working  model  of  the  thing  invented. 


4 


1J 


APPENDIX  403 

To  raise  and  support  Armies,  but  no  Appropriation  of  56 
Money  to  that  Use  shall  be  for  a  longer  Term  than  two 
Years ; 

To  provide  and  maintain  a  Navy ;  57 

To  make  Eules  for  the  Government  and  Regulation  of  58 
the  land  and  naval  Forces ; 

To  provide  for  calling  forth  the  IMilitia  to  execute  the  59 
Laws  of  the  Union,  suppress  Insurrections  and  repel  In- 
vasions ; 

To  provide  for  organizing,  arming,  and  disciplining,  the 
Militia,  and  for  governing  such  Part  of  them  as  may  be 
employed  in  the  Service  of  the  United  States,  reserving 
to  the  States  respectively  the  Appointment  of  the  officers, 
and  the  Authority  of  training  the  Militia  according  to  the  60 
discipline  prescribed  by  Congress ; 

To  exercise  exclusive  Legislation  in  all  Cases  whatso-  61 
ever,  over  such  District  (not  exceeding  ten  Miles  square) 
as  may,  by  Cession  of  particular  States,  and  the  Accep- 
tance of  Congress,  become  the  Seat  of  the  Government  and 
of  the  United  States,  and  to  exercise  like  Authority  over  62 
all  Places  purchased  by  the  Consent  of  the  Legislature  of 
the  State  in  which  the  Same  shall  be,  for  the  Erection  of 
Forts,  Magazines,  Arsenals,  dock- Yards,  and  other  need- 
ful Buildings; — And 

To  make  all  Laws  which  shall  be  necessary  and  proper  63 
for  carrying  into  Execution  the  foregoing  Powers,  and  all 
other  Powers  vested  by  this  Constitution  in  the  Govern- 
ment of  the  United  States,  or  in  any  Department  or  Officer 
thereof. 

[Section  9.  The  Migration  or  Importation  of  such  Persons 
as  any  of  the  States  now  existing  shall  think  proper  to 
admit,  shall  not  be  prohibited  by  the  Congress  prior  to  the 
Year  one  thousand  eight  hundred  and  eight,  but  a  Tax 
or  duty  may  be  imposed  on  such  Importation,  not  exceed- 
ing ten  dollars  for  each  Person.]^ 

^This  clause  has  no  longer  any  significance. 


404  APPENDIX 

64  The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be 
suspended,  unless  when  in  Cases  of  Rebellion  or  Invasion 
the  public  Safety  may  require  it. 

65  No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

66  No  Capitation,  or  other  direct,  Tax  shall  be  laid,  unless 
in  Proportion  to  the  Census  or  Enumeration  herein  before 
directed  to  be  taken. 

67  No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from 
any  State. 

No  Preference  shall  be  given  by  any  Regulation  of  Com- 

68  merce  or  Revenue  to  the  Ports  of  one  State  over  those  of 
another:  nor  shall  Vessels  bound  to,  or  from,  one  State,  be 
obliged  to  enter,  clear,  or  pay  Duties  in  another. 

69  No  Money  shall  be  drawn  from  the  Treasury,  but  in  Con- 
sequence of  Appropriations  made  by  Law;  and  a  regular 

70  Statement  and  Account  of  the  Receipts  and  Expenditures 
of  all  public  Money  shall  be  published  from  time  to  time. 

71  No  Title  of  Nobility  shall  be  granted  by  the  United 
States :  And  no  Person  holding  any  Office  of  Profit  or  Trust 
under  them,  shall,  without  the  Consent  of  the  Congress, 
accept  of  any  present,  Emolument,  Office,  or  Title,  of  any 
kind  whatever,  from  any  King,  Prince,  or  foreign  State. 

72  Section  10.  No  State  shall  enter  into  any  Treaty,  Alli- 
ance, or  Confederation;  grant  Letters  of  Marque  and  Re- 
prisal; coin  Money;  emit  Bills  of  Credit;  make  any  Thing 
but  gold  and  silver  Coin  a  Tender  in  Payment  of  Debts; 

73  pass  any  Bill  of  Attainder,  ex  post  facto  Law,  or  Law  im- 
pairing the  Obligation  of  Contracts,  or  grant  any  Title 
of  Nobility. 

No  State  shall,  without  the  Consent  of  the  Congress,  lay 

74  any  Imposts  or  Duties  on  Imports  or  Exports,  except  what 
may  be   absolutely  necessary  for  executing  its  inspection 

75  Laws:  and  the  net  Produce  of  all  Duties  and  Imposts,  laid 
by  any  State  on  Imports  or  Exports,  shall  be  for  the  Use 
of  the  Treasury  of  the  United  States;  and  all  such  Laws 
shall  be  subject  to  the  Revision  and  Control  of  Congress. 


I 


APPENDIX  405 

No  State  shall,  without  the  Consent  of  Congress,  lay  any 
Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War  in  time  76 
of  Peace,  enter  into  any  Agreement  or  Compact  with  an- 
other State,  or  with  a  foreign  Power,  or  engage  in  War  77 
unless  actually  invaded,  or  in  such  imminent  Danger  as 
will  not  admit  of  delay. 


ARTICLE  II 

Section  1.    The  executive  Power  shall  he  vested  in  a  Presi-  78 
dent  of  the  United  States  of  America.     He  shall  hold  his 
Office  during  the  Term  of  four  Years,  and,  together  with  79 
the  Vice  President,  chosen  for  the  same  Term,  be  elected, 
as  follows 

Each  State  shall  appoint,  in  such  Manner  as  the  Legisla-  80 
ture  thereof  may  direct,  a  Number  of  Electors,  equal  to  the 
whole  Number  of  Senators  and  Eepresentatives  to  which  81 
the  State  may  be  entitled  in  the  Congress :  but  no  Senator 
or  Representatives,  or  Person  holding  an  Office  of  Trust  or 
Profit  under  the  United  States,  shall  be  appointed  an 
Elector. 

[The  Electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  two  Persons,  of  whom  one  at  least  shall  82 
not  be  an  Inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  List  of  all  the  Persons  voted  for, 
and  of  the  Number  of  Votes  for  each ;  which  List  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  Seat  of  the 
Government  of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
Presence  of  the  Senate  and  House  of  Representatives,  open 
all  the  Certificates,  and  the  Votes  shall  then  be  counted. 
The  Person  having  the  greatest  Number  of  Votes  shall  be 
the  President,  if  such  Number  be  a  Majority  of  the  whole  83 
Number  of  Electors  appointed;  and  if  there  be  more  than 
one  who  have  such  a  IMajority,  and  have  an  equal  Number 
of  Votes,  then  the  House  of  Representatives  shall  immedi- 


406  APPENDIX 

ately  chuse  by  Ballot  one  of  them  for  President;  and  if 
no  Person  have  a  Majority,  then  from  the  five  highest  on 
the  List  the  said  House  shall  in  like  Manner  chuse  the  Presi- 
dent. But  in  chusing  the  President,  the  Votes  shall  be 
taken  by  States,  the  Representation  from  each  State  having 

84  one  Vote;  A  quorum  for  this  Purpose  shall  consist  of  a 
Member  or  Members  from  two  thirds  of  the  States,  and  a 
Majority  of  all  the  States  shall  be  necessary  to  a  Choice. 
In  every  Case,  after  the  Choice  of  the  President,  the  Per- 
son having  the  greatest  Number  of  Votes  of  the  Electors 

85  shall  be  the  Vice  President.  But  if  there  should  remain 
two  or  more  who  have  equal  Votes,  the  Senate  shall  chuse 
from  them  by  Ballot  the  Vice  President.]^ 

The  Congress  may  determine  the  Time  of  chusing  the 
Electors,  and  the  Day  on  which  they  shall  give  their  Votes ; 
which  Day  shall  be  the  same  throughout  the  United  States. 

No  Person  except  a  natural  born  Citizen,  or  a  Citizen  of 

86  the  United  States,  at  the  time  of  the  Adoption  of  this  Con- 
stitution, shall  be  eligible  to  the  Office  of  President;  neither 
shall  any  Person  be  eligible  to  that  Office  who  shall  not 

87  have  attained  to  the  Age  of  thirty-five  Years,  and  been 
fourteen  Years  a  Resident  within  the  United  States. 

In  Case  of  the  Removal  of  the  President  from  Office,  or 
of  his  Death,   Resignation,   or   Inability  to   discharge   the 

88  Powers  and  Duties  of  the  said  Oifice,  the  Same  shall  devolve 
on  the  Vice  President,  and  the  Congress  may  by  Law  pro- 

89  vide  for  the  Case  of  Removal,  Death,  Resignation  or  In- 
ability, both  of  the  President  and  Vice  President,  declaring 
what  Officer  shall  then  act  as  President,  and  such  Officer 
shall  act  accordingly,  until  the  Disability  be  removed,  or 
a  President  shall  be  elected. 

The  President  shall,  at  stated  Times,  receive  for  his  Serv- 

90  ices,  a  Compensation  which  shall  neither  be  increased  nor 
diminished  during  the  Period  for  which  he  shall  have  been 
elected,  and  he  shall  not  receive  within  that  Period  any 
other  Emolument  from  the  United  States,  or  any  of  them. 

^  This  paragraph  has  been  superseded  by  the  12th  amendment. 


APPENDIX  407 

Before  he  enter  on  the  Execution  of  his  Office,  he  shall 
take  the  following  Oath  or  Affirmation:—"!  do  solemnly  91 
swear  (or  affirm)  that  I  will  faithfully  execute  the  Office 
of  President  of  the  United  States,  and  will  to  the  best  of 
my  Ability,  preserve,  protect  and  defend  the  Constitution 
of  the  United  States." 

Section  2.    The  President  shall  be  Commander  in  Chief  of  92 
the  Army  and  Navy  of  the  United  States,  and  of  the  Militia 
of  the  several  States,  when  called  into  the  actual  Service 
of  the  United  States ;  he  may  require  the  Opinion,  in  writ-  93 
ing,  of  the  principal  Officer  in  each  of  the  Executive  De- 
partments, upon  any  Subject  relating  to  the  Duties  of  their 
respective  Offices,  and  he  shall  have  Power  to  grant  Re-  94 
prieves  and  Pardons  for  Offences  against  the  United  States, 
except  in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and  with  the  Advice  and  Con- 
sent of  the  Senate,  to  make  Treaties,  provided  two  thirds  95 
of  the   Senators  present   concur;   and   he   shall  nominate, 
and  by  and  with  the  Advice  and  Consent  of  the  Senate, 
shall  appoint  Ambassadors,  other  public  Ministers  and  Con-  96 
suls.  Judges  of  the  supreme  Court,  and  all  other  Officers  97 
of  the  United  States,  whose  Appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by 
Law:  but  the  Congress  may  by  Law  vest  the  Appointment  98 
of  such  inferior  Officers,  as  they  think  proper,  in  the  Presi- 
dent alone,  in  the  Courts  of  Law,  or  in  the  Heads  of  Depart- 
ments. 

The  President  shall  have  Power  to  fill  up  all  Vacancies 
that  may  happen   during   the    Recess   of   the    Senate,   by  99 
granting  Commissions  which   shall  expire   at  the  End  of 
their  next  Session. 

Section  3.  He  shall  from  time  to  time  give  to  the  Congress 
Information  of  the  State  of  the  Union,  and  recommend  to 
their  Consideration  such  Measures  as  he  shall  judge  neces- 


408  APPENDIX 

100  sary  and  expedient;  he  may,  on  extraordinary  Occasions, 
convene  both  Houses,  or  either  of  them,  and  in  Case  of 
Disagreement  between  them,  with  Respect  to  the  time  of 

101  Adjournment,  he  may  adjourn  them  to  such  Time  as  he 
shall  think  proper;  he  shall  receive  Ambassadors  and  other 

102  public  Ministers ;  he  shall  take  Care  that  the  Laws  be  faith- 
fully executed,  and  shall  Commission  all  the  Officers  of 
the  United  States. 

103  Section  4.  The  President,  Vice  President  and  all  civil 
Officers  of  the  United  States,  shall  be  removed  from  Office 

104  on  Impeachment  for,  and  Conviction  of.  Treason,  Bribery, 
or  other  high  Crimes  and  Misdemeanors. 


ARTICLE  III 

Section  1.    The  judicial  Power  of  the  United  States,  shall 

105  be  vested  in  one  supreme  Court,  and  in  such  inferior  Courts 
as  the  Congress  may  from  time  to  time  ordain  and  estab- 
lish.   The  Judges,  both  of  the  supreme  and  inferior  Courts, 

106  shall  hold  their  Offices  during  good  Behaviour,  and  shall, 
at  stated  Times,  receive  for  their  Services,  a  Compensation, 
which  shall  not  be  diminished  during  their  continuance 
in  Office. 

Section  2.  The  judicial  Power  shall  extend  to  all  Cases,, 
in  Law  and  Equity,  arising  under  this  Constitution,  the 
Laws  of  the  United  States,  and  Treaties  made,  or  which 
shall  be  made,  under  their  Authority; — to  all  Cases  affect- 

107  ing  Ambassadors,  other  public  Ministers  and  Consuls; — 
to  all  Cases  of  admiralty  and  maritime  Jurisdiction; — to 

108  Controversies  to  which  the  United  States  shall  be  a  Party; 
— to  Controversies  between  two  or  more  States; — between 

109  a  State  and  Citizens  of  another  State :  ^ — between  Citizens 
of  different  States; — between   Citizens  of  the  same  State 

^  This  clause  was  modified  by  the  11th  amendment  (p.  153). 


APPENDIX  409 

claiming  Lands  under  Grants  of  different  States,  and  be- 
tween a  State,  or  the  Citizens  thereof,  and  foreign  States, 
Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other  public  Minis- 
ters and  Consuls,  and  those  in  which  a  State  shall  be  Party, 
the  supreme  Court  shall  have  original  Jurisdiction.  In  all  110 
the  other  Cases  before  mentioned,  the  supreme  Court  shall 
have  appellate  Jurisdiction,  both  as  to  Law  and  Fact,  with 
such  Exceptions,  and  under  such  regulations  as  the  Con- 
gress shall  make. 

The  Trial  of  all  Crimes,  except  in  Cases  of  Impeach- 
ment, shall  be  by  Jury;  and  such  Trial  shaU  be  held  in  the  111 
State  where  the  said  Crimes  shall  have  been  committed; 
but  when  not  committed  within  any  State,  the  Trial  shall 
be  at  such  Place  or  Places  as  the  Congress  may  by  Law 
have  directed. 

Section  3.     Treason  against  the  United  States,  shall  con-   112 
sist  only  in  levying  War  against  them,  or  in  adhering  to 
their  Enemies,  giving  them  Aid  and  Comfort.    No  Person 
shall  be  convicted  of  Treason  unless  on  the  Testimony  of   113 
two  Witnesses  to  the  same  overt  Act,  or  on  Confession  in 
open  Court. 

The  Congress  shall  have  Power  to  declare  the  Punish-   114 
ment  of  Treason,  but  no  Attainder  of  Treason  shall  work 
Corruption  of  Blood,  or  Forfeiture  except  during  the  Life 
of  the  Person  attainted. 


ARTICLE  IV 

Section  1.     Full  Faith  and  Credit  shall  be  given  in  each  115 
State  to  the  public  Acts,  Records,  and  judicial  Proceedings 
of  every  other  State.     And  the  Congress  may  by  general 
Laws  prescribe  the  Manner  in  which  such  Acts,  Records 
and  Proceedings  shall  be  proved,  and  the  Effect  thereof. 


410  APPENDIX 

116  Section  2.  The  Citizens  of  each  State  shall  be  entitled  to 
all  Privileges  and  Immunities  of  Citizens  in  the  several 
States. 

A  Person  charged  in  any  State  with  Treason,  Felony, 

117  or  other  Crime,  shall  on  Demand  of  the  executive  Authority 
of  the  State  from  which  he  fled,  be  delivered  up,  to  remove 
to  the  State  having  Jurisdiction  of  the  Crime. 

[No  Person  held  to  Service  or  Labour  in  one  State,  under 
the  Laws  thereof,  escaping  into  another,  shall,  in  Conse- 
quence of  any  Law  or  Regulation  therein,  be  discharged 
from  such  Service  or  Labour,  but  shall  be  delivered  up  on 
Claim  of  the  Party  to  whom  such  Service  or  Labour  may 
be  due.]^ 


118  Section  3.  New  States  may  be  admitted  by  the  Congress 
into  this  Union ;  but  no  new  State  shall  be  formed  or  erected 
within  the  Jurisdiction  of  any  other  State,  nor  any  State 
be  formed  by  the  Junction  of  two  or  more  States,  or  Parts 
of  States,  without  the  Consent  of  the  Legislatures  of  the 
States  concerned  as  well  as  of  the  Congress. 

119  The  Congress  shall  have  Power  to  dispose  of  and  make 
all  needful  Rules  and  Regulations  respecting  the  Territory 
or  other  Property  belonging  to  the  United  States ;  and  noth- 
ing in  this  Constitution  shall  be  so  construed  as  to  Preju- 
dice any  Claims  of  the  United  States,  or  of  any  particular 
State. 


120  Section  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  Republican  Form  of  Government, 
and  shall  protect  each  of  them  against  Invasion;  and  on 

121  Application  of  the  Legislature,  or  of  the  Executive  (when 
the  Legislature  cannot  be  convened)  against  domestic  Vio- 
lence. 

^  Since  the  abolition  of  slavery  this  clause  has  had  no  significance. 


APPENDIX  411 


ARTICLE  V 


The  Congress,  whenever  two  thirds  of  both  Houses  shall  122 
deem  it  necessary,  shall  propose  Amendments  to  this  Con- 
stitution, or,  on  the  Application  of  the  Legislatures  of  two 
thirds  of  the  several   States,   shall  call  a   Convention  for 
proposing   Amendments,    which,    in    either    Case,    shall   be 
valid  to  all  Intents  and  Purposes,  as  Part  of  this  Constitu- 
tion, when  ratified  by  the  Legislatures  of  three  fourths  of  123 
the   several    States,    or   by    Conventions   in   three   fourths 
thereof,  as  the  one  or  the  other  Mode  of  Ratification  may 
be  proposed  by  the  Congress ;  Provided  that  no  Amendment 
which  may  be  made  prior  to  the  Year  One  thousand  eight 
hundred  and  eight  shall  in  any  Manner  affect  the  first  and 
fourth  Clauses  in  the  Ninth  Section  of  the  first  Article; 
and  that  no  State,  without  its  Consent,  shall  be  deprived  124 
of  its  equal  Suffrage  in  the  Senate, 


ARTICLE  VI 

All    Debts    contracted    and    Engagements    entered    into, 
before  the  Adoption  of  this  Constitution,  shall  be  as  valid   125 
against  the  United  States  under  this  Constitution,  as  under 
the  Confederation. 

This  Constitution,  and  the  Laws  of  the  United  States 
which  shall  be  made  in  Pursuance  thereof;  and  all  Treaties  126 
made,  or  which  shall  be  made,  under  the  Authority  of  the 
United  States,  shall  be  the  supreme  Law  of  the  Land;  and 
the  Judges  in  every  State  shall  be  bound  thereby,  any  ^27 
Thing  in  the  Constitution  or  Laws  of  any  State  to  the 
Contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and 
the  Members  of  the  several  State  Legislatures,  and  all 
executive  and  judicial  Officers,  both  of  the  United  States 


412  APPENDIX 

and  of  the  several  States,  shall  be  bound  by  Oath  or  Affir- 

128  mation,  to  support  this  Constitution;  but  no  religious  Test 
shall  ever  be  required  as  a  Qualification  to  any  Office  or 
public  Trust  under  the  United  States. 

ARTICLE  VII 

129  The  Ratification  of  the  Conventions  of  nine  States,  shall 
be  sufficient  for  the  Establishment  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 

Done  in  Convention  by  the  Unanimous  Consent  of  the 
States  present  the  Seventeenth  Day  of  September  in  the 
Year  of  our  Lord  one  thousand  seven  hundred  and  Eighty 
seven   and  of  the  Independence   of  the  United   States  of 

130  America  the  Twelfth.  In  Witness  whereof  We  have  here- 
unto subscribed  our  Names, 

GO :  WASHINGTON— Prest(it 

and  deputy  from  Virginia 

Attest  William  Jackson,  Secretary 

New  Eampshi^eli'^^''  ^^^^^^^ 

[Nicholas  Gilman 

^^    r  Nathaniel  Gorham 
Massachusetts  ^^^^^^^^^^ 

^  ,.    _,  fWM.  Saml.  Johnson 

^^^"^^^*^^^*|roger  Sherman 

New  York Alexander  Hamilton 

'WiL :  Livingston 
David  Brearley 
New  Jersey  ^^  p^^erson 

.Jona:  Dayton 


Pennsylvania 


APPENDIX 

'B,  Franklin 
Thomas  Mifflin 
EoBT.  Morris 
Geo.  Clymee 
Thos.  Fitz  Simons 
Jared  Ingersoll 
James  Wilson 
Gouv  Morris 


413 


Delaware  - 


Geo:  Read 

Gunning  Bedford  jun 
John  Dickinson 
Richard  Bassett 
Jaco:  Broom 


r  James  McHenry 
Maryland  J  Dan  of  St  Tiios.  Jenifer 
[Danl  Carroll 

,^.     .   .    fJoHN  Blair — 
^*^^"^^^|james  Madison  Jr. 

rWM:  Blount 
North  Carolina  J  Richd.  Dobbs  Spaight 
[Hu  Williamson 


South  Carolina 


j.  rutledge 

Charles  Cotesworth  Pinckney 
Charles  Pinckney 
.Pierce  Butler 


^        .  f  William  Few 
^^^^S-^^Iabr  Baldwin 


ARTICLES 

IN 

ADDITION  TO,  AND  AMENDMENT  OF 

THE 

CONSTITUTION  OF  THE  UNITED  STATES 
OF  AMERICA  1 

PEOPOSED    BY    CONGRESS    AND    RATIFIED    BY    THE    LEGISLATURES 

OP  THE   SE^^RAL   STATES,   PURSUANT   TO   THE  FIFTH 

ARTICLE  OF  THE  CONSTITUTION 


ARTICLE  I 

131  Congress  shall  make  no  law  respecting  an  establishment 
of  religion,   or   prohibiting   the  free   exercise   thereof;    or 

132  abridging  the  freedom  of  speech,  or  of  the  press;  or  the 

133  right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  Government  for  a  redress  of  grievances. 


ARTICLE  II 

134  A  well  regulated  militia,  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms,  shall  not  be  infringed. 

^  The  first  ten  amendments  were  adopted  in  1791. 
414 


APPENDIX  415 

ARTICLE  III 

No  soldier  shall,  in  time  of  peace  be  quartered  in  any   135 
house,  without  the  consent  of  the  Owner,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE  IV 

The  right  of  the  people  to  be  secure  in  their  persons,  136 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  Warrants  shall 
issue,  but  upon  probable  cause,  supported  by  Oath  or  affir- 
mation, and  particularly  describing  the  place  to  be 
searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V 

No  person  should  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  in-  137 
dictment  of  a  Grand  Jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  Militia,  when  in  actual  serv- 
ice in  the  time  of  War  or  public  danger;  nor  shall  any 
person  be  subject  for  the  same  offence  to  be  twice  put  in 
jeopardy  of  life  or  limb ;  nor  shall  be  compelled  in  any 
Criminal  Case  to  be  a  witness  against  himself,  nor  be  de- 
prived of  life,  liberty,  or  property,  without  due  process  138 
of  law;  nor  shall  private  property  be  taken  for  public  use, 
without  just  compensation. 

ARTICLE  VI 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  139 
of  the  State  and  district  wherein  the  crime  shall  have  been 


416  APPENDIX 

committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of   the    accusation;    to   be   confronted   with   the    witnesses 

140  against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor,  and  to  have  the  Assistance  of  Coun- 
sel for  his  defence. 

ARTICLE  VII 

141  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved,  and  no  fact  tried  by  a  jury  shall  be  other- 
wise re-examined  in  any  Court  of  the  United  States,  than 
according  to  the  rules  of  the  common  law. 

ARTICLE  VIII 

142  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX  y. 

143  The  enumeration  in  the  Constitution  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

ARTICLE  X 

144  The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people. 

ARTICLE  XII 

145  The  Judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law   or  equity,   com- 

^  Adopted  in  1798. 


APPENDIX  417 

menced  or  prosecuted  against  one  of  the  United  States  by 
Citizens  of  another  State,  or  by  Citizens  or  Subjects  of  any 
Foreign  State. 

AETICLE  XII 1 

The  Electors  shall  meet  in  their  respective  States,  and  146 
vote  by  ballot  for  President  and  Vice  President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves ;  they  shall  name  in  their  ballots  the  person 
voted  for  as  President,  and  in  distinct  ballots  the  person  147 
voted  for  as  Vice  President,  and  they  shall  make  distinct 
lists  of  all  persons  voted  for  as  President,  and  of  all  per- 
sons voted  for  as  Vice  President,  and  of  the  number  of 
votes  for  each,  which  lists  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  President  of  the  Senate ; — The  Presi- 
dent of  the  Senate  shall,  in  presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  certificates  and  the  votes 
shall  then  be  counted; — The  person  having  the  greatest 
number  of  votes  for  President,  shall  be  the  President,  if 
such  number  be  a  majority  of  the  whole  number  of  Elec- 
tors appointed;  and  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers  not  exceeding 
three  on  the  list  of  tlfose  voted  for  as  President,  the  House 
of  Eepresentatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President,  the  votes  shall  be  148 
taken  by  States,  the  representation  from  each  State  having 
one  vote ;  a  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two  thirds  of  the  States,  and  a 
majority  of  all  the  States  shall  be  necessary  to  a  choice. 
And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then 
the  Vice  President  shall  act  as  President,  as  in  the  case  of 
the  death  or  other  constitutional  disability  of  the  President. 
*  Adopted  in  1804. 


418  APPENDIX 

The  person  having  the  greatest  number  of  votes  as  Vice 
President,  shall  be  the  Vice  President,  if  such  number  be 
a  majority  of  the  whole  number  of  Electors  appointed,  and 
if  no  person  have  a  majority,  then  from  the  two  highest 
numbers  on  the  list,  the  Senate  shall  choose  the  Vice  Presi- 
dent; a  quorum  for  the  purpose  shall  consist  of  two  thirds 
of  the  whole  number  of  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice.  But  no  person 
constitutionally  ineligible  to  the  office  of  President  shall 
be  eligible  to  that  of  Vice  President  of  the  United  States. 


ARTICLE  XIII 1 

149  Section  1.  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within  the  United 
States,  or  any  place  subject  to  their  jurisdiction. 

Section  2.     Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 


ARTICLE  XIV  2 

Section  1.      All    persons    born    or    naturalized    in    the 

150  United  States,  and  subject  to  the  jurisdiction  thereof,  are 
citizens  of  the  United  States  and  of  the  State  wherein  they 

151  reside.  No  State  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the 
United  States;  nor  shall  any  State  deprive  any  person  of 

152  life,  liberty,  or  property,  without  due  process  of  law;  nor 
deny  to  any  person  within  its  jurisdiction  the  equal  pro- 
tection of  the  laws. 

Section  2.    Representatives  shall  be  apportioned  among 

153  the  several  States  according  to  their  respective  numbers, 
counting  the  whole  number  of  persons  in  each  State,  ex- 

^ Adopted  in  1865.  ''Adopted  in  1868. 


APPENDIX  419 

eluding  Indians  not  taxed.  But  when  the  right  to  vote 
at  any  election  for  the  choice  of  electors  for  President  and 
Vice  President  of  the  United  States,  Representatives  in 
Congress,  the  Executive  and  Judicial  officers  of  a  State,  or 
the  members  of  the  Legislature  thereof,  is  denied  to  any 
of  the  male  inhabitants  of  such  State,  being  twenty-one 
years  of  age,  and  citizens  of  the  United  States,  or  in  any 
way  abridged,  except  for  participation  in  rebellion,  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced  154 
in  the  proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens  twenty-one 
years  of  age  in  such  State. 

Section  3.  No  person  shall  be  a  Senator  or  Represen- 
tative in  Congress,  or  elector  of  President  and  Vice  Presi- 
dent, or  hold  any  office,  civil  or  military,  under  the  United 
States,  or  under  any  States,  who,  having  previously  taken 
an  oath,  as  a  member  of  Congress,  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  any  State  legislature,  or 
as  an  executive  or  judicial  officer  of  any  State,  to  support 
the  Constitution  of  the  United  States  shall  have  engaged  155 
in  insurrection  or  rebellion  against  the  same,  or  given  aid 
or  comfort  to  the  enemies  thereof.  But  Congress  may 
by  a  vote  of  two  thirds  of  each  House,  remove  such  dis- 
ability. 

Section  4.  The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for  156 
payment  of  pensions  and  bounties  for  services  in  suppress- 
ing insurrection  or  rebellion,  shall  not  be  questioned.  But 
neither  the  United  States  nor  any  State  shall  assume  or  157 
pay  any  debt  or  obligation  incurred  in  aid  of  insurrec- 
tion or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  of  emancipation  of  any  slave;  but  all  such 
debts,  obligations  and  claims  shall  be  held  illegal  and 
void. 

Section  5.      The    Congress    shall    have    power    to    en-   158 
force,    by    appropriate   legislation,   the    provisions   of   this 
article. 


420  APPENDIX 

ARTICLE  XVI 

159  Section  1.  The  right  of  citizens  of  the  United  States 
to  vote  shall  not  be  denied  or  abridged  by  the  United  States 
or  by  any  State  on  account  of  race,  color,  or  previous  con- 
dition of  servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce 
this  article  by  appropriate  legislation. 

ARTICLE  XVI 2 

The  Congress  shall  have  power  to  lay  and  collect  taxes  on 

160  incomes  from  whatever  source  derived,  without  apportion- 
ment among  the  several  States,  and  without  regard  to  any 
census  or  enumeration. 

ARTICLE  XVII 2 

The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  elected  by  the  people  thereof,  for 

161  six  yearS;  and  each  Senator  shall  have  one  vote.  The  elec- 
tors in  each  State  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  State  legisla- 
tures. 

When  vacancies  happen  in  the  representation  of  any  State 
in  the  Senate,  the  executive  authority  of  such  State  shall 

162  issue  writs  of  election  to  fill  such  vacancies :  Provided,  That 
the  legislature  of  any  State  may  empower  the  executive 
thereof  to  make  temporary  appointments  until  the  people  fill 
the  vacancies  by  election  as  the  legislature  may  direct. 

This  amendment  shall  not  be  so  construed  as  to  affect  the 
election  or  term  of  any  Senator  chosen  before  it  becomes 
valid  as  part  of  the  Constitution. 

1  Adopted  in  1870. 
=*  Adopted  in  1913. 


APPENDIX  B 


THE  FIRST  WRITTEN  CONSTITUTION 
(The  Fundamental  Orders  of  Connecticut.    1639) 

Forasmucli  as  it  hath  pleased  the  Allmighty  God  by  the 
wise  disposition  of  his  diujme  pruidence  so  to  Order  and 
dispose  of  things  that  we  the  Inhabitants  and  Residents 
of  Windsor,  Harteford  and  Wethersfield  are  now  cohabiting 
and  dwelling  in  and  vppon  the  River  of  Conectecotte  and 
the  Lands  thereunto  adioyneing;  And  well  knowing  where 
a  people  are  gathered  togather  the  word  of  God  requires 
that  to  mayntayne  the  peace  and  vnion  of  such  a  people 
there  should  be  an  orderly  and  decent  Gouerment  estab- 
lished according  to  God,  to  order  and  dispose  of  the  af- 
f aryes  of  the  people  at  all  seasons  as  occation  shall  require ; 
doe  therefore  assotiate  and  conioyne  our  seines  to  be  as  one 
Publike  State  or  Comonwelth ;  ...  to  be  guided  and 
gouerned  according  to  such  Lawes,  Rules,  Orders  and 
decrees  as  shall  be  made,  ordered  &  decreed,  as  followeth : — 

1.  It  is  Ordered,  sentenced  and  decreed,  that  there  shall 
be  yerely  two  generall  Assemblies  or  Courts,  the  on  the 
second  thursday  in  April,  the  other  the  second  thursday 
in  September,  following;  the  first  shall  be  called  the  Courte 
of  Election,  wherein  shall  be  yerely  Chosen  from  tyme  to 
tyme  soe  many  Magestrats  and  other  publike  Officers  as 
shall  be  found  requisitte:  Whereof  one  to  be  chosen  Gou- 
ernour  for  the  yeare  ensueing  and  vntill  another  be  chosen, 
and  noe  Magestrate  to  be  chosen  for  more  tHan  one  yeare; 
pruided  allwayes  there  be  sixe  chosen  besides  the   Gouer- 

421 


422  APPENDIX 

nour;  wch  being  chosen  and  sworne  according  to  an  Oath 
recorded  for  that  purpose  shall  haue  power  to  administer 
iustice  according  to  the  Lawes  here  established,  and  for 
want  thereof  according  to  the  rule  of  the  word  of  God; 
wch  choise  shall  be  made  by  all  that  are  admitted  freemen 
and  haue  taken  the  Oath  of  Fidellity,  and  doe  cohabitte 
wthin  this  Jurisdiction,  (hauing  beene  admitted  Inhabi- 
tants by  the  maior  prt  of  the  Towne  wherein  they  line,)  or 
the  mayor  prte  of  such  as  shall  be  then  prsent, 

2.  It  is  Ordered,  sentensed  and  decreed,  that  the  Election 
of  the  aforesaid  Magestrats  shall  be  on  this  manner:  euery 
prson  prsent  and  quallified  for  choyse  shall  bring  in  (to 
the  prsons  deputed  to  receaue  them)  one  single  papr  wth 
the  name  of  him  written  in  yt  whom  he  desires  to  haue 
Gouernour,  and  he  that  hath  the  greatest  number  of  papers 
shall  be  Gouernour  for  that  yeare.  And  the  rest  of  the 
Magestrates  or  publike  Officers  to  be  chosen  in  this  manner : 
The  Secretary  for  the  tyme  being  shall  first  read  the 
names  of  all  that  are  to  be  put  to  choise  and  then  shall 
seuerally  nominate  them  distinctly,  and  euery  one  that 
would  haue  the  prson  nominated  to  be  chosen  shall  bring 
in  one  single  paper  written  vppon,  and  he  that  would  not 
haue  him  chosen  shall  bring  in  a  blanke ;  and  euery  one  that 
hath  more  written  papers  than  blanks  shall  be  Magistrat 
for  that  yeare;  wch  papers  shall  be  receaued  and  told  by 
one  or  more  that  shall  be  then  chosen  by  the  court  and 
sworne  to  be  faythfuU  therein;  but  in  case  there  should 
not  be  sixe  chosen  as  aforesaid,  besids  the  Gouernor,  out 
of  those  wch  are  nominated,  then  he  or  they  wch  haue  the 
most  written  papers  shall  be  a  Magestrate  or  Magestrats 
for  the  ensueing  yeare,  to  make  vp  the  aforesaid  number. 

3.  It  is  Ordered,  sentenced  and  decreed,  that  the  Secre- 
tary shall  not  nominate  any  prson,  nor  shall  any  prson  be 
chosen  newly  into  the  Magestracy  wch  was  not  prpownded 
in  some  Generall  Courte  before,  to  be  nominated  the  next 
Election ;  and  to  that  end  yt  shall  be  lawful  for  ^ch  of  the 
Townes  aforesaid  by  their  deputyes  to  nominate  any  two 


APPENDIX  423 

whom  they  conceaue  fitte  to  be  put  to  election;  and  the 
Courte  may  ad  so  many  more  as  they  judge  requisitt. 

4.  It  is  Ordered,  sentenced  and  decreed  that  noe  prson 
be  chosen  Gouernor  aboue  once  in  two  yeares,  and  that 
Gouernor  be  always  a  member  of  some  approved  congre- 
gation, and 'formerly  of  the  Magestracy  wthin  this  Juris- 
diction; and  all  the  Magestrats  Freemen  of  this  Common- 
welth  and  that  no  Magestrate  or  other  publike  officer  shall 
execute  any  prte  of  his  or  their  Office  before  they  are  seuer- 
ally  sworne,  wch  shall  be  done  in  the  face  of  the  Courte 
if  they  be  prsent,  and  in  case  of  absence  by  some  deputed 
for  that  purpose. 

5.  It  is  Ordered,  sentenced  and  decreed,  that  to  the 
aforesaid  Courte  of  Election  the  seurall  Townes  shall  send 
their  deputyes,  and  when  the  Elections  are  ended  they 
may  prceed  in  any  publike  searuice  as  at  other  Courts. 
Also  the  other  Generall  Court  in  September  shall  be  for 
makeing  of  lawes,  and  any  other  publike  occation,  wch 
conserns  the  good  of  the  Commonwelth. 

6.  It  is  Ordered,  sentenced  and  decreed,  that  the  Gouer- 
nor shall,  ether  by  himself  or  by  the  secretary,  send  out 
sumons  to  the  Constables  of  euery  Towne  for  the  cauleing 
of  these  two  standing  Courts,  on  month  at  lest  before  their 
seuerall  tymes:  And  also  if  the  Gouernor  and  the  greatest 
prt  of  the  Magestrats  see  cause  vppon  any  spetiall  occation 
to  call  a  generall  Courte,  they  may  giue  order  to  the  secre- 
tary soe  to  doe  wthin  fowerteene  dayes  warneing;  and  if 
vrgent  necessity  so  require,  vppon  a  shorter  notice,  glueing 
sufficient  grownds  for  yt  to  the  deputyes  when  they  meete, 
or  els  be  questioned  for  the  same ;  And  if  the  Gouernor  and 
Mayor  prte  of  Magestrats  shall  ether  neglect  or  refuse  to 
call  the  two  Generall  standing  Courts  or  ether  of  them,  as 
also  at  other  tymes  when  the  occations  of  the  Commonwelth 
require,  the  Freemen  thereof,  or  the  Mayor  prte  of  them 
shall  petition  to  them  soe  to  doe :  if  then  yt  be  ether  denyed 
or  neglected  the  said  Freemen  or  the  Major  prte  of  them 
shall  haue  power  to  giue  order  to  the  Constables  of  the 


424  APPENDIX 

seuerall  Townes  to  doe  the  same,  and  so  may  meete  to- 
gether, and  chuse  to  themselues  a  Moderator,  and  may 
prceed  to  do  any  Acte  of  power,  weh  any  other  Generall 
Courte  may. 

7.  It  is  Ordered,  sentenced  and  decreed  that  after  there 
are  warrants  giuen  out  for  any  of  the  said  General  Courts, 
the  Constable  or  Constables  of  ech  Towne  shall  forthwth 
give  notice  distinctly  to  the  inhabitants  of  the  same,  in 
some  publike  Assembly  or  by  goeing  or  sending  from  howse 
to  howse,  that  at  a  place  and  tyme  by  him  or  them  lymited 
and  sett,  they  meet  and  assemble  them  seines  togather  to 
elect  and  chuse  certain  deputyes  to  be  att  the  General 
Courte  then  following  to  agitate  the  afayres  of  the  com- 
mon welth  ;  wch  said  Deputyes  shall  be  chosen  by  all  that 
are  admitted  Inhabitants  in  the  seuerall  Townes  and  haue 
taken  the  oath  of  fidelity;  pruided  that  non  be  chosen  a 
Deputy  for  any  Generall  Courte  wch  is  not  a  Freeman  of 
this  Commonwelth, 

8.  It  is  Ordered,  sentenced  and  decreed,  that  Wyndsor, 
Hartford  and  Wethersfield  shall  haue  power,  ech  Towne, 
to  send  fower  of  their  freemen  as  deputyes  to  euery  Gen- 
erall Courte ;  and  whatsoeuer  other  Townes  shall  be  here- 
after added  to  this  Jurisdiction,  they  shall  send  so  many 
deputyes  as  the  Courte  shall  judge  meete,  a  resonable 
prportion  to  the  number  of  Freemen  that  are  in  the  said 
Townes  being  to  be  attended  therein;  wch  deputyes  shall 
have  the  power  of  the  whole  Towne  to  giue  their  voats 
and  alowance  to  all  such  lawes  and  orders  as  may  be  for 
the  publike  good,  and  unto  wch  the  said  Townes  are  to  be 
bownd. 

9.  It  is  ordered  and  decreed,  that  the  deputyes  thus 
chosen  shall  haue  power  and  liberty  to  appoynt  a  tyme  and 
a  place  of  meeting  togather  before  any  Generall  Courte  to 
aduise  and  consult  of  all  such  things  as  may  concerne  the 
good  of  the  publike,  as  also  to  examine  their  owne  Elec- 
tions, whether  according  to  the  order,  and  if  they  or  the 
gretest  prte  of  them  find  any  election  to  be  illegall  they 


APPENDIX  425 

may  seclud  such  for  prsent  from  their  meeting,  and  re- 
tume  the  same  and  their  resons  to  the  Courte;  and  if  yt 
proue  true,  the  Courte  may  fyne  the  prty  or  prtyes  so  in- 
truding and  the  Towne,  if  they  see  cause,  and  giue  out  a 
warrant  to  goe  to  a  newe  election  in  a  legall  way,  either 
in  prte  or  in  whole.  Also  the  said  deputyes  shall  haue 
power  to  fyne  any  that  shall  be  disorderly  at  their  meet- 
ings, or  for  not  coming  in  due  tyme  or  place  according  to 
appoyntment;  and  they  may  returne  the  said  fynes  into 
the  Courte  if  yt  be  refused  to  be  paid,  and  the  treasurer 
to  take  notice  of  yt,  and  to  estreete  or  levy  the  same  as  he 
doth  other  fynes. 

10.  It  is  Ordered,  sentenced  and  decreed,  that  euery 
Generall  Courte,  except  such  as  through  neglecte  of  the 
Gouernor  and  the  greatest  prte  of  Magestrats  the  Freemen 
themselues  doe  call,  shall  consist  of  the  Gouernor,  or  some 
one  chosen  to  moderate  the  Court,  and  4  other  Magestrats 
at  lest,  wth  the  mayor  prte  of  the  deputyes  of  the  seuerall 
Townes  legally  chosen;  and  in  case  the  Freemen  or  mayor 
prte  of  them,  through  neglect  or  refusall  of  the  Gouernor 
and  mayor  prte  of  the  magestrats,  shall  call  a  Courte,  yt 
shall  consist  of  the  mayor  prte  of  Freemen  that  are  prsent 
or  their  deputyes,  wth  a  Moderator  chosen  by  them:  In 
weh  said  Generall  Courts  shall  consist  the  supreme  power 
of  the  Comonwelth,  and  they  only  shall  haue  power  to  make 
laws  or  repeale  them,  to  graunt  leuyes,  to  admitt  of  Free- 
men, dispose  of  lands  vndisposed  of,  to  seuerall  Townes  or 
prsons,  and  also  shall  haue  power  to  call  ether  Courte  or 
Magestrate  or  any  other  prson  whatsoeuer  into  question 
for  any  misdemeanour,  and  may  for  just  causes  displace 
or  deale  otherwise  according  to  the  nature  of  the  offence; 
and  also  may  deale  in  any  other  matter  that  concerns  the 
good  of  this  comonwelth,  excepte  election  of  Magestrats, 
wch  shall  be  done  by  the  whole  boddy  of  Freemen. 

In  wch  Courte  the  Gouernour  or  Moderator  shall  haue 
power  to  order  the  Courte  to  giue  liberty'  of  spech,  and 
silence  vnceasonable  and  disorderly  speakeings,  to  put  all 


426  APPENDIX 

things  to  voate,  and  in  case  the  vote  be  equall  to  haue  the 
casting  voice.  But  non  of  these  Courts  shall  be  adiorned 
or  dissolued  wthout  the  consent  of  the  maior  prte  of  the 
Court. 

11.  It  is  ordered,  sentenced  and  decreed,  that  when  any 
Generall  Courte  vppon  the  occations  of  the  Comonwelth 
haue  agreed  vppon  any  sume  or  somes  of  money  to  be 
leuyed  vppon  the  seuerall  Townes  wthin  this  Jurisdiction, 
that  a  Comittee  be  chosen  to  sett  out  and  appoynt  wt  shall 
be  the  prportion  of  euery  Towne  to  pay  of  the  said  leuy, 
prvided  the  Committees  be  made  vp  of  an  equall  number 
out  of  each  Towne. 


I 
J 


APPENDIX  C 


THE  ORDINANCE  OP  1787 

Be  it  ordained  hy  the  United  States  in  Congress  assem- 
bled, That  the  said  territory  [the  Northwest  Territory], 
for  the  purposes  of  temporary  government,  be  one  district, 
subject,  however,  to  be  divided  into  two  districts,  as  future 
circumstances  may,  in  the  opinion  of  Congress,  make  it 
expedient. 

Be  it  ordained  hy  the  authority  aforesaid,  That  there 
shall  be  appointed,  from  time  to  time,  by  Congress,  a 
governor,  whose  commission  shall  continue  in  force  for  the 
term  of  three  years,  unless  sooner  revoked  by  Congress; 
he  shall  reside  in  the  district,  and  have  a  freehold  estate 
therein  in  1000  acres  of  land,  while  in  the  exercise  of  his 
office. 

There  shall  be  appointed,  from  time  to  time,  by  Congress, 
a  secretary,  whose  commission  shall  continue  in  force  for 
four  years  unless  sooner  revoked;  he  shall  reside  in  the 
district,  and  have  a  freehold  estate  therein  in  500  acres 
of  land,  while  in  the  exercise  of  his  office ;  it  shall  be  his 
duty  to  keep  and  preserve  the  acts  and  laws  passed  by  the 
legislature,  and  the  public  records  of  the  district,  and  the 
proceedings  of  the  governor  in  his  Executive  department; 
and  transmit  authentic  copies  of  such  acts  and  proceed- 
ings, every  six  months,  to  the  Secretary  of  Congress:  There 
shall  also  be  appointed  a  court  to  consist  of  three  judges, 
any  two  of  them  to  form  a  court,  who  shall  have  a  common 
law  jurisdiction,  and  reside  in  the  district, -and  have  each 
therein  a  freehold  estate  in  500  acres  of  land  while  in  the 


428  APPENDIX 

exercise  of  their  offices;  and  their  commissions  shall  con- 
tinue in  force  during  good  behavior. 

The  governor  and  judges,  or  a  majority  of  them,  shall 
adopt  and  publish  in  the  district  such  laws  of  the  original 
States,  criminal  and  civil,  as  may  be  necessary  and  best 
suited  to  the  circumstances  of  the  district,  and  report  them 
to  Congress  from  time  to  time :  which  laws  shall  be  in  force 
in  the  district  until  the  organization  of  the  General  Assem- 
bly therein,  unless  disapproved  of  by  Congress;  but,  after- 
wards, the  legislature  shall  have  authority  to  alter  them 
as  they  shall  think  fit. 

The  governor,  for  the  time  being,  shall  be  commander- 
in-chief  of  the  militia,  appoint  and  commission  all  officers 
in  the  same  below  the  rank  of  general  officers;  all  general 
officers  shall  be  appointed  and  commissioned  by  Congress. 

Previous  to  the  organization  of  the  General  Assembly, 
the  governor  shall  appoint  such  magistrates  and  other  civil 
officers,  in  each  county  or  township,  as  he  shall  find  neces- 
sary for  the  presei-vation  of  the  peace  and  good  order  in 
the  same:  After  the  General  Assembly  shall  be  organized, 
the  powers  and  duties  of  the  magistrates  and  other  civil 
officers,  shall  be  regulated  and  defined  by  the  said  assembly ; 
but  all  magistrates  and  other  civil  officers,  not  herein  other- 
wise directed,  shall,  during  the  continuance  of  this  tem- 
porary government,  be  appointed  by  the  governor. 

For  the  prevention  of  crimes  and  injuries,  the  laws  to 
be  adopted  or  made  shall  have  force  in  all  parts  of  the  dis- 
trict, and  for  the  execution  of  process,  criminal  and  civil, 
the  governor  shall  make  proper  divisions  thereof;  and  he 
shall  proceed,  from  time  to  time,  as  circumstances  may 
require,  to  lay  out  the  parts  of  the  district  in  which  the 
Indian  titles  shall  have  been  extinguished,  into  counties 
and  townships,  subject,  however,  to  such  alterations  as 
may  thereafter  be  made  by  the  legislature. 

So  soon  as  there  shall  be  5000  free  male  inhabitants  of 
full  age  in  the  district,  upon  giving  proof  thereof  to  the 
governor,  they  shall  receive  authority,  with  time  and  place, 


APPENDIX  429 

to  elect  representatives  from  their  counties  or  townships 
to  represent  them  in  the  General  Assembly :  Provided,  That, 
for  every  500  free  male  inhabitants,  there  shall  be  one 
representative,  and  so  on  progressively,  with  the  number 
of  free  male  inhabitants,  shall  the  right  of  representation 
increase,  until  the  number  of  representatives  shall  amount 
to  25 ;  after  which,  the  number  and  proportion  of  represen- 
tatives shall  be  regulated  by  the  legislature :  Provided,  That 
no  person  be  eligible  or  qualified  to  act  as  a  representative 
unless  he  shall  have  been  a  citizen  of  one  of  the  United 
States  three  years,  and  be  a  resident  in  the  district,  or 
unless  he  shall  have  resided  in  the  district  three  years ;  and, 
in  either  case,  shall  likewise  hold  in  his  own  right,  in  fee 
simple,  200  acres  of  land  within  the  same:  Provided,  also, 
That  a  freehold  of  50  acres  of  land  in  the  district,  having 
been  a  citizen  of  one  of  the  States,  and  being  resident  in 
the  district,  or  the  like  freehold  and  two  years  residence 
in  the  district,  shall  be  necessary  to  qualify  a  man  as  an 
elector  of  a  representative. 

The  representatives  thus  elected,  shall  serve  for  the  term 
of  two  years ;  and,  in  case  of  the  death  of  a  representative, 
or  removal  from  office,  the  governor  shall  issue  a  writ  to 
the  county  or  township  for  which  he  was  a  member,  to  elect 
another  in  his  stead,  to  serve  for  the  residue  of  the  term. 

The  General  Assembly,  or  Legislature,  shall  consist  of 
the  governor,  legislative  council,  and  a  house  of  represen- 
tatives. The  legislative  council  shall  consist  of  five  mem- 
bers, to  continue  in  office  five  years,  unless  sooner  removed 
by  Congress;  any  three  of  whom  to  be  a  quorum:  and  the 
members  of  the  council  shall  be  nominated  and  appointed 
in  the  following  manner,  to  wit :  As  soon  as  representa- 
tives shall  be  elected,  the  governor  shall  appoint  a  time 
and  place  for  them  to  meet  together;  and,  when  met,  they 
shall  nominate  ten  persons,  residents  in  the  district,  and 
each  possessed  of  a  freehold  in  500  acres  of  land,  and  re- 
turn their  names  to  Congress;  five  of  whom  Congress  shall 
appoint  and  commission  to  serve  as  aforesaid ;  and,  when- 


430  APPENDIX 

ever  a  vacancy  shall  happen  in  the  council,  by  death  or 
removal  from  office,  the  house  of  representatives  shall  nomi- 
nate two  persons,  qualified  as  aforesaid,  for  each  vacancy, 
and  return  their  names  to  Congress,  one  of  whom  Congress 
shall  appoint  and  commission  for  the  residue  of  the  term. 
And  every  five  years,  four  months  at  least  before  the  ex- 
piration of  the  time  of  service  of  the  members  of  council, 
the  said  house  shall  nominate  ten  persons,  qualified  as 
aforesaid,  and  return  their  names  to  Congress;  five  of 
whom  Congress  shall  appoint  and  commission  to  serve  as 
members  of  the  council  five  years,  unless  sooner  removed. 
And  the  governor,  legislative  council,  and  house  of  repre- 
sentatives, shall  have  authority  to  make  laws  in  all  cases, 
for  the  good  government  of  the  district,  not  repugnant 
to  the  principles  and  articles  in  this  ordinance  established 
and  declared.  And  all  bills,  having  passed  by  a  majority 
in  the  house,  and  by  a  majority  in  the  council,  shall  be 
referred  to  the  governor  for  his  assent ;  but  no  bill,  or  legis- 
lative act  whatever,  shall  be  of  any  force  without  his  assent. 
The  governor  shall  have  power  to  convene,  prorogue,  and 
dissolve  the  General  Assembly,  when,  in  his  opinion,  it  shall 
be  expedient. 

The  governor,  judges,  legislative  council,  secretary,  and 
such  other  officers  as  Congress  shall  appoint  in  the  district, 
shall  take  an  oath  or  affirmation  of  fidelity  and  of  office; 
the  governor  before  the  President  of  Congress,  and  all 
other  officers  before  the  governor.  As  soon  as  a  legislature 
shall  be  formed  in  the  district,  the  council  and  house  assem- 
bled in  one  room,  shall  have  authority,  by  joint  ballot, 
to  elect  a  delegate  to  Congress,  who  shall  have  a  seat  in 
Congress,  with  a  right  of  debating  but  not  of  voting  during 
this  temporary  government. 

And,  for  extending  the  fundamental  principles  of  civil 
and  religious  liberty,  which  form  the  basis  whereon  these 
republics,  their  laws  and  constitutions  are  erected;  to  fix 
and  establish  those  principles  as  the  basis  of  all  laws,  con- 
stitutions, and  governments,  which  forever  hereafter  shall 


APPENDIX  431 

be  formed  in  the  said  territory:  to  provide  also  for  the 
establishment  of  States,  and  permanent  government  therein, 
and  for  their  admission  to  a  share  in  the  federal  councils 
on  an  equal  footing  with  the  original  States,  at  as  early- 
period  as  may  be  consistent  with  the  general  interest: 

It  is  hereby  ordained  and  declared  by  the  authority 
aforesaid,  That  the  following  articles  shall  be  considered 
as  articles  of  compact  between  the  original  States  and  the 
people  and  States  in  the  said  territory  and  forever  remain 
unalterable,  unless  by  common  consent,  to  wit: 

Art.  1st.  No  person,  demeaning  himself  in  a  peaceable 
and  orderly  manner,  shall  ever  be  molested  on  account 
of  his  mode  of  worship  or  religious  sentiments,  in  the  said 
territory. 

Art.  2nd.  The  inhabitants  of  the  said  territory  shall 
always  be  entitled  to  the  benefits  of  the  writ  of  habeas 
corpus,  and  of  the  trial  by  jury;  of  a  proportionate  repre- 
sentation of  the  people  in  the  legislature;  and  of  judicial 
proceedings  according  to  the  course  of  the  common  law. 
All  persons  shall  be  bailable,  unless  for  capital  offences, 
where  the  proof  shall  be  evident  or  the  presumption  great. 
All  fines  shall  be  moderate ;  and  no  cruel  or  unusual  punish- 
ment shall  be  inflicted.  No  man  shall  be  deprived  of  his 
liberty  or  property,  but  by  the  judgment  of  his  peers  or  the 
law  of  the  land;  and,  should  the  public  exigencies  make  it 
necessary,  for  the  common  preservation,  to  take  any  per- 
son's property,  or  to  demand  his  particular  services,  full 
compensation  shall  be  made  for  the  same.  And  in  the  just 
preservation  of  rights  and  property,  it  is  understood  and 
declared,  that  no  law  ought  ever  to  be  made,  or  have  force 
in  the  said  territory,  that  shall,  in  any  manner  whatever, 
interfere  with  or  affect  private  contracts  or  engagements, 
bona  fide,  and  without  fraud,  previously  formed. 

Art.  3rd.  Religion,  morality,  and  knowledge,  being  neces- 
sary to  good  government  and  the  happiness  of  mankind, 
schools  and  the  means  of  education  shall  -forever  be  en- 
couraged.    The  utmost  good  faith  shall  always  be  observed 


432  APPENDIX 

towards  the  Indians;  their  lands  and  property  shall  never 
be  taken  from  them  without  their  consent;  and,  in  their 
property,  rights,  and  liberty,  they  shall  never  be  invaded 
or  disturbed,  unless  in  just  and  lawful  wars  authorized  by 
Congress ;  but  laws  founded  in  justice  and  humanity,  shall, 
from  time  to  time,  be  made  preventing  wrongs  being  done 
to  them,  and  for  preserving  peace  and  friendship  with 
them. 

Art.  4th.  The  said  territory,  and  the  States  which  may 
be  formed  therein,  shall  forever  remain  a  part  of  this  con- 
federacy of  the  United  States  of  America,  subject  to  the 
Articles  of  Confederation,  and  to  such  alterations  therein 
as  shall  be  constitutionally  made;  and  to  all  the  acts  and 
ordinances  of  the  United  States  in  Congress  assembled, 
conformable  thereto.  The  inhabitants  and  settlers  in  the 
said  territory  shall  be  subject  to  pay  a  part  of  the  federal 
debts  contracted  or  to  be  contracted,  and  a  proportional 
part  of  the  expenses  of  the  government,  to  be  apportioned  on 
them  by  Congress  according  to  the  same  common  rule  and 
measure  by  which  apportionments  thereof  shall  be  made 
on  the  other  States ;  and  the  taxes,  for  paying  their  propor- 
tion, shall  be  laid  and  levied  by  the  authority  and  direc- 
tion of  the  legislatures  of  the  district  or  districts,  or  new 
States,  as  in  the  original  States  within  the  time  agreed 
upon  by  the  United  States  in  Congress  assembled.  The 
legislatures  of  those  districts  or  new  States,  shall  never 
interfere  with  the  primary  disposal  of  the  soil  by  the 
United  States  in  Congress  assembled,  nor  with  any  regu- 
lations Congress  may  find  necessary  for  securing  the  title 
in  such  soil  to  the  hona  fide  purchasers.  No  tax  shall  be 
imposed  on  lands  the  property  of  the  United  States;  and, 
in  no  case,  shall  non-resident  proprietors  be  taxed  higher 
than  residents.  The  navigable  waters  leading  into  the 
Mississippi  and  St.  Lawrence,  and  the  carrying  places  be- 
tween the  same,  shall  be  common  highways,  and  forever 
free,  as  well  to  the  inhabitants  of  the  said  territory  as  to 
the  citizens  of  the  United  States,  and  those  of  any  other 


APPENDIX  433 

States  that  may  be  admitted  into  the  Confederacy,  without 
tax,  impost,  or  duty,  therefor. 

Art.  5th,  There  shall  be  formed  in  the  said  territory, 
not  less  than  three  nor  more  than  five  States;  and  the 
boundaries  of  the  States  as  soon  as  Virginia  shall  alter 
her  act  of  cession,  and  consent  to  the  same,  shall  become 
fixed  and  established  as  follows,  to  wit:  The  Western 
State  in  the  said  territory,  shall  be  bounded  by  the  Missis- 
sippi, the  Ohio,  and  Wabash  rivers;  a  direct  line  drawn 
from  the  Wabash  and  Post  St.  Vincent's,  due  North,  to  the 
territorial  line  between  the  United  States  and  Canada;  and, 
by  the  said  territorial  line,  to  the  Lake  of  the  Woods  and 
Mississippi.  The  middle  State  shall  be  bounded  by  the  said 
direct  line,  the  Wabash  from  Post  Vincent's,  to  the  Ohio; 
by  the  Ohio,  by  a  direct  line,  drawn  due  North  from  the 
mouth  of  the  Great  Miami,  to  the  said  territorial  line,  and 
by  the  said  territorial  line.  The  Eastern  Shore  shall  be 
bounded  by  the  last  mentioned  direct  line,  the  Ohio,  Penn- 
sylvania, and  the  said  territorial  line:  Provided,  however, 
and  it  is  further  understood  and  declared,  that  the  boun- 
daries of  these  three  States  shall  be  subject  so  far  to  be 
altered,  that,  if  Congress  hereafter  find  it  expedient,  they 
shall  have  authority  to  form  one  or  two  States  in  that  part 
of  the  said  territory  which  lies  North  of  an  East  and  West 
line  drawn  through  the  Southerly  bend  or  extreme  of  lake 
Michigan.  And,  whenever  any  of  the  said  States  shall  have 
60,000  free  inhabitants  therein,  such  State  shall  be  ad- 
mitted, by  its  delegates,  into  the  Congress  of  the  United 
States,  on  an  equal  footing  with  the  original  States  in  all 
respects  whatever,  and  shall  be  at  liberty  to  form  a  per- 
manent constitution  and  State  government:  Provided,  the 
constitution  and  government  so  to  be  formed,  shall  be 
republican,  and  in  conformity  to  the  principles  contained 
in  these  articles ;  and,  so  far  as  it  can  be  consistent  with  the 
general  interest  of  the  confederacy,  such  admission  shall 
be  allowed  at  an  earlier  period,  and  when  there  may  be  a 
less  number  of  free  inhabitants  in  the  State  than  60,000. 


434  APPENDIX 

Art.  6th.  There  shall  be  neither  slavery  nor  involun- 
tary servitude  in  the  said  territory,  otherwise  than  in  the 
punishment  of  crimes,  whereof  the  party  shall  have  been 
duly  convicted:  Provided,  alicays,  That  any  person  escap- 
ing into  the  same,  from  whom  labor  or  service  is  lawfully 
claimed  in  any  one  of  the  original  States,  such  fugitive  may 
be  lawfully  reclaimed  and  conveyed  to  the  person  claiming 
his  or  her  labor  or  service  as  aforesaid. 

Done  by  the  United  States,  in  Congress  assembled,  the 
13th  day  of  July,  in  the  year  of  our  Lord  1787,  and  of  their 
sovereignty  and  independence  the  twelfth. 


APPENDIX  D 


HOME  RULE  FOR  CITIES 

(A  Clause  in  the  Constitution  of  California) 

Sec.  8.  Any  city  containing  a  population  of  more  than 
three  thousand  five  hundred  inhabitants  may  frame  a 
charter  for  its  own  government,  consistent  with  and  subject 
to  the  Constitution  and  laws  of  this  State,  by  causing  a  board 
of  fifteen  freeholders,  who  shall  have  been  for  at  least  five 
years  qualified  electors  thereof,  to  be  elected  by  the  quali- 
fied voters  of  said  city,  at  any  general  or  special  election, 
whose  duty  it  shall  be,  within  ninety  days  after  such  elec- 
tion, to  prepare  and  propose  a  charter  for  such  city,  which 
shall  be  signed  in  duplicate  by  the  members  of  such  board, 
or  a  majority  of  them,  and  returned,  one  copy  to  the  Mayor 
thereof,  or  other  chief  executive  officer  of  such  city,  and  the 
other  to  the  Recorder  of  the  county.  Such  proposed  char- 
ter shall  then  be  published  in  two  daily  newspapers  of 
general  circulation  in  such  city,  for  at  least  twenty  days, 
and  the  first  publication  shall  be  made  within  twenty  days 
after  the  completion  of  the  charter ;  provided,  that  in  cities 
containing  a  population  of  not  more  than  ten  thousand 
inhabitants  such  proposed  charter  shall  be  published  in  one 
such  daily  newspaper;  and  within  not  less  than  thirty  days 
after  such  publication  it  shall  be  submitted  to  the  qualified 
electors  of  said  city  at  a  general  or  special  election  and  if  a 
majority  of  such  qualified  electors  voting  thereon  shall 
ratify  the  same,  it  shall  thereafter  be  '  submitted  to 
the  Legislature  for  its  approval  or  rejection  as  a  whole, 

435 


436  APPENDIX 

without  power  of  alteration  or  amendment.  Such  ap- 
proval may  be  made  by  concurrent  resolution,  and  if 
approved  by  a  majority  vote  of  the  members  elected 
to  each  house  it  shall  become  the  charter  of  such  city, 
or  if  such  city  be  consolidated  with  a  county,  then  of 
such  city  and  county,  and  shall  become  the  organic  law 
thereof,  and  supersede  any  existing  charter,  and  all 
amendments  thereof,  and  all  laws  inconsistent  with  such 
charter.  A  copy  of  such  charter,  certified  by  the  Mayor 
or  chief  executive  officer,  and  authenticated  by  the  seal 
of  such  city,  setting  forth  the  submission  of  such  charter 
to  the  electors,  and  its  ratification  by  them,  shall,  after  the 
approval  of  such  charter  by  the  Legislature,  be  made  in 
duplicate,  and  deposited,  one  in  the  office  of  the  Secretary 
of  State,  and  the  other,  after  being  recorded  in  said  Re- 
corder's office,  shall  be  deposited  in  the  archives  of  the 
city,  and  thereafter  all  courts  shall  take  judicial  notice 
of  said  charter.  The  charter,  so  ratified,  may  be  amended, 
at  intervals  of  not  less  than  two  years,  by  proposals  there- 
for, submitted  by  the  legislative  authority  of  the  city  to 
the  qualified  electors  thereof,  at  a  general  or  special  elec- 
tion, held  at  least  forty  days  after  the  publication  of  such 
proposals  for  twenty  days  in  a  daily  newspaper  of  general 
circulation  in  such  city,  and  ratified  by  a  majority  of  the 
electors  voting  thereon,  and  approved  by  the  Legislature 
as  herein  provided  for  the  approval  of  the  charter.  When- 
ever fifteen  per  cent,  of  the  qualified  voters  of  the  city 
shall  petition  the  legislative  authority  thereof  to  submit 
any  proposed  amendment  or  amendments  to  said  charter 
to  the  qualified  voters  thereof  for  approval,  the  legislative 
authority  thereof  must  submit  the  same.  In  submitting  any 
such  charter,  or  amendments  thereto,  any  alternative  ar- 
ticle or  proposition  may  be  presented  for  the  choice  of  the 
voters,  and  may  be  voted  on  separately  without  prejudice 
to  others.  (This  clause  was  amended  in  1911,  but  the  text 
as  it  stands  shows  how  home  rule  may  be  secured.) 


LIST   OF  BOOKS   TO  WHICH  EEFEEENGES  AEE  MADE 

1  "The  Eights  of  Man."     Lyman  Abbott. 

2  "The    American    Commonwealth"    (Abridged    Edition).      James 

Bryce. 

3  "The  American  Eepublic."     J.  A.  Woodburn. 

4  "The  Spirit  of  Democracy."     C.  F.  Dole. 

5  "The  American  Federal  State."     E.  L.  Ashley. 

6  "The  American  Government."     A.  B.  Hinsdale. 

7  "American    Legislature    and    Legislative    Methods."      Paul    S. 

Eeinsch. 

8  ' '  The  American  Executive. "   J.  H.  Finley  and  J.  F.  Sanderson. 

9  "The  American  Constitutional  System."     W.  W.  WiUoughby. 

10  "The  American  Judiciary."     Simeon  E.  Baldwin. 

11  "Territories  and  Dependencies."    W.  F.  Willoughby. 

12  "Party  Organization  and  Machinery."     Jesse  Macy. 

13  "Proportional  Eepresentation. "     J.  E.  Commons. 

14  "City  Government  in  the  United  States."     Frank  J.  Goodnow. 

15  "The  City,  the  Hope  of  Democracy."     Frederic  C.  Howe. 

16  "The    National   Administration   of    the   United   States."      J.   A. 

FairUe. 

17  ' '  The  American  City. "    D.  F.  Wilcox. 

18  "Local  Government  in  Counties,   Towns,  and  Villages."     J.  A. 

Fairlie. 

19  "Introduction  to  Public  Finance."     Carl  C.  Plehn. 

20  "The  Principles  of  Economics."     Frank  A.  Fetter. 

21  "Introduction  to  the  Study  of  Economics."     Charles  J.  Bullock. 

22  "Financial  History  of  the  United  States."     D.  E.  Dewey. 

23  "American  Charities."     A.  G.  Warner. 

24  "Socialism.     A  Summary  and  Interpretation  of  Socialistic  Prin- 

ciples."    John  Spargo. 

25  "Government  by  the  People."     Eobert  H.  Fuller. 

26  "American  Railway  Transportation."     Emory  E.  Johnson. 

27  "Labor  Problems."     T.  S.  Adams  and  Helen  L.  Sumner. 

28  "The  Liquor  Problem."     F.  H.  Wines  and  John  Keren. 

29  "Dependents,  Defectives,  Delinquents."     C.  E.  Henderson. 

30  "Eeadings  in  Civil  Government."     P.  L.  Kaye. 

Note.  Dr.  Kaye's  "Eeadings  in  Civil  Government"  is  arranged 
in  accordance  with  the  plan  of  the  ' '  Advanced  Civics, ' '  and  it  is 
strongly  recommended  as  a  most  useful  supplpmcutary  volume. 
(535  pp.    $1.20  net.    The  Century  Co.,  New  York.) 

437 


These  pages  have  been  left  blank  for  the  convenience  of  teachers 
who  wish  to  dictate  to  their  classes  supplementary  statements  in  ref- 
erence to  State  and  local  government. 


INDEX 


INDEX 


Admission  of  new  States,  63 
Agriculture,   Department  of,   142 
Alabama, 

admission   of,   67 

local  government  in,  196 
Alaska,  government  of,  188 
Albany,   convention   at,   40 
Aliens,   96 
Alliances,   38 
Ambassadors,  134,  258 
Amendment, 

of  State   constitutions,   35 

of  the  Constitution  of  the  Uni- 
ted States,  53 
Anglo-Saxon,   17 
Annapolis,  convention  at,  46 
Anti-Monopoly  Act,  367 
Anti-Trust  Law,  364,  367 
Apportionment  of  Eepresentatives, 

20,   118,   163 
Arbitration, 

international,  262,  264 

of  labor  disputes,  374 
Aristocracy,   6,  58 
Arizona, 

recall  in,   23 

admission   of,   70 

woman  suffrage  in,  105 

referendum  in,  167 

prohibition  in,  394 
Arkansas, 

recall  in,  23 

referendum  in,  167 

local  government  in,  196 

registration   in,  345 
Army, 

commander-in-chief   of,   134 

support     and     management     of, 
250-252 

standing,  251 


Articles  of  Confederation,  41,  42 
Assembly,  the  popular,  5 
Assessments  of   property,   282 
Assessors,  199,  282 
Attainder,  Bills  of,  50 
Attorney-General, 

of  the  United  States,  141 

of  a  State,   173 
Auditor, 

of  a  State,  173 

of  a  county,  199 
Australian  Ballot  System,  346 


B 


Ballot,  the,  345-346 
Bankruptcy,  49,   402 

of  the  United  States,  319-320 

State,  320 

national,  321 

federal  reserve,  326 
Bill  of  Rights,  34,  97 
Bills,  passage  of, 

in  Congress,  124-129 

in  State  legislatures,  163-165 
Bimetallism,  316-317 
Blacklists,  372 
Blockade,  257 
Bland- Allison  Act,  314 
Bonds,  288 
Boroughs,  218 
By-laws,   205 

C 

Cabinet,   139-140 

California, 
recall   in,   23 
admission  of,  69 
home  rule  in,  76,  202 


445 


446 


INDEX 


California, 

woman  suffrage  in,   105 

referendum  in,  167 

labor  clause  in  constitution  of, 
372 
Campaign,  presidential,  230 
Canals,  340 
Capitation   tax,   268 
Caucus,  228 
Census,   118 
Chancery  courts,  181 
Charities,  385-389 
Charter,  the  Great,  88 
Charters, 

colonial,  31 

of  cities,  76 

of   corporations,   360 
Children's  Bureau,   142 
Chinese,  96,   334 
Chisholm  vs.   Georgia,   153 
Circuit  Court  of  Appeals,  149,  156 
Circuit  Courts   (State),  178-180 
Cities, 

and  democracy,  11 

how  governed,  76,  77,  218-223 

finances  of,   292 
Citizens,   who   are,  95 
Citizenship, 

origin  of,  6 

rights  and  duties  of,  95-100 

duties  of,   100 
City  Council,  219 
City  Manager,  222 
City-State,  the,  6 
Civil  cases,   155 
Civil  government  and  martial  law, 

254 
Civil  liberty,   87-93 
Civil    service,    the    national,    143- 

144 
Civil  Service  Commission,  143 
Clay,   Henry,   81,   332 
Coinage,  307,  311-317 
Collective  Bargaining,  374 
Colorado, 

recall  in,  23 

woman  suffrage  in,  105 

referendum  in,  167 

local  government  in,  196 

prohibition   in,    394 
Combinations,    corporate,    361-365 


Commerce, 

regulation  of,  46,  129,  328,  367 

Department  of,   142 

foreign,   328-335 

interstate     and     intrastate     de- 
fined, 337 

intrastate,  339 
Commission    system    of    municipal 

government,   220-222 
Commissioner  of  Education,  357 
Committees, 

of  Congress,  125 

of  State  Legislatures,  163 

of  political  parties,   224—227 
Common  law,  55,  243 
Common  Schools,   356 
Comptroller,   duties   of  State,    173 
Concurrent  powers,  49 
Confederation,  38,   47 
Confederation,  Articles  of,  41,  46 
Congress    (of   the   Confederation), 

42,  65 
Congress    (of   the   United  States), 

its  organization,   115-120 

its  place  in  American  politics,  120 

assembling    and    adjourning   of, 
123 

sessions  of,  124 

its  power  of  taxation,   129,  272 

powers  of,  129,  402 

and  the  executive,   136 

and  the  judiciary,  155 

its    control    of    Territories    and 
Dependencies,   184 

declares  war,  249 

treaty  power  of,   260 

currency  power  of,  307  " 

charters  banks,  320 

and   foreign  commerce,   328 

and    interstate    commerce,    338, 
340 

police  power  of,  395 

enumeration   of    the   powers   of, 
402 

resolutions  of,  401 
Connecticut, 

frames  the  first  written   consti- 
tution, 32 

in  the  Convention  of   1787,   117 

text  of  the  first  constitution  of, 
421-426 


INDEX 


447 


Constables,  207 

Constitutional    government,    31-36 
Constitution    (of  the  United 
States), 
its  authority  given  by  the  peo- 
ple, 9 
a  fundamental  law,  33 
framing  and  ratification  of,  47- 

48 
a  distinct  creation,  48 
nature   and   extent  of   its  pow- 
ers,  49-52 
how  amended,  53 
federal      and      State      relations 

maintained  by,   60 
bill  of  rights  in,  92 
and    the    Supreme    Court,    157- 
159 
Constitutions    (State), 
origin  of,  32 

how  ratified  and  amended,  36 
bill  of   rights  in,   97 
not  codes  of  law,  166 
labor  provisions  in,  372 
Constitutions, 
first  written,  32 
supplant  colonial  charters,  33 
general  features  of,  34 
ratified  by  the  people,  35 
the  safeguards  of  liberty,  36,  92 
Consuls,   134,   258 
Continental   Congress,   40,   41,  308 
Convention,   constitutional,   36,   53 
Convention   of   1787, 
its  meeting,  47 
frames   a  constitution,  48 
how  it  distributed  power,  49-51 
provides    for    a   federal   legisla- 
ture, 116 
creates  a  strong  executive,  132 
establishes  an  independent  judi- 
ciary, 147 
gives  the  taxing  power  to   Con- 
gress,  272 
gives    Congress   power    to   regu- 
late commerce,  328 
Conventions     of    political    parties, 

227-330 
Copyright,  49,  364,  402 
Coroner,  199 
Corporation  defined,  75 


Corporation  tax,  267,  298 
Corporations    (municipal) , 

nature  of,  75 

classes  of,  217 

organization   of,   218-222 

sphere  of  their  activities,  222 
Corporations   (private), 

nature  of,  75 

created  by  State  authority,  360 

importance  of,  361 

evolution  of,   362 

the  problem  of,  365-368 
Council, 

the  king's,  5 

the  city,  218-220 
County, 

in   New  England,   197 

the  organization  of,  197-200 

in  the  south  and  southwest,  195 

in    the    middle    States    and    the 
west,   196 

the  citizen  and  his,  200 

home  rule  in,  202 
County-Township   system,   210 
Courtesy,   senatorial,   130 
Court  of  claims,  150 
Courts    (federal), 

three  grades  of,  149-150 

kinds  of  cases  tried  in,  151 

jurisdiction  of  the  three  grades 
of,   155-157 

their    relation    to    State    courts, 
181 
Courts  of  Appeal    (State),  180 
Courts   (State), 

organization   of,   177-180 

their  relation   to  federal,   181 

their  powers,  181-183 
Crime, 

proportioned   to   the   offense,   88 

definition  of,   377 

punishment  of,   378 

State  defines  and  punishes,  379 

and     the     federal     government, 
380-381 

prevalence  of,  381 

prevention  of,  382 
Criminal  cases,  155 
Criminals,  surrender  of,  59 
Currency, 

metallic,  311-317 


448 


INDEX 


Currency, 

paper,  307-309,  319-325 

amount  of  in  the  United  States, 
327 
Customs  duties, 

defined,  268 

as  a  source  of  revenue,  275 

amount  collected,  333 


D 


Debt,  see  Public  Debt 
Declaration    of    Independence,   41, 

91 
Defectives,   387 
Defense, 

a  function  of  government,  249 

national  defense,  250-252 

State,  253 

local,  253-254 
Delaware,  hundred  in,  210 
Delinquent  property,   284 
Demagogues,   14 
Democracy, 

ancient,   7 

growth  of,  10-12 

checked  by  feudalism,  11 

supported  in  cities,  11 

in  the  United  States,  12 

advantages  of,  12-13 

dangers   of,   13-14 

and  the  individual,  15 

and  education,   351 
Democratic  Party,   81 
Demonetization  of  silver,  313 
Departments,  the  three, 

development  of,   24 

in  the  United  States,  25 

the  legislative,  26 

the  judiciary,  27 

the  executive,  28 

independence   of,    28-29 
Dependencies, 

how   they   differ   from   Territor- 
ies,   184 

government  of,   185-193 

education   in,   357 
Des  Moines,  commission  system  in, 

221 
Dickinson,   John,   41 
Dingley  Bill,  332 


Direct  nominations,  229,  231 
District   Courts    (federal), 

organization  of,  148,  150 

jurisdiction  of,  156 
District  Courts   (State),  178-180 
District    of    Columbia,    151,    188- 

189 
Draft,  251 

E 

Education, 

encouraged  by  the  Ordinance  of 
1787,   65,   356 

State     superintendent     of,     173, 
354 

county  superintendent  of,  200 

school     directors    and    trustees, 
213 

a  function  of  government,  351 

and  democracy,  351 

a  local  affair,  353 

support  of,  354 

supervision  in,  354 

and  the  federal  government,  356 
Elections, 

of  representatives  and  senators, 
119-120 

of  the  President,  132-133,  221 

importance  of,  344 

held  under  State  authority,  344 

casting  and  counting  of  ballots, 
345 

secret,  346 

bribery,  347 

frequency  of,  349 
Elective  franchise,  103 
Electorate,  the  American,  105 
Electors,    presidential,    132,    231 
Elkins  Law,  339 
Embargo,  329 
England    (Great  Britain), 

representative     government     in, 
18 

the   three-department  system '  in, 
25 

a  unitary   state,   60 

Trade  Unions  in,  370 
Equalization  of  taxes,  283 
Equity, 

cases  in,  155 

courts,   181 


INDEX 


449 


Erie  Canal,  340 

Excises,   268,   275 
Executive,  the,  28 
Exemption   from  taxation,   285 
Expansion, 

of  the  Union,  63-70 

the  spirit  of,  70 
Expenditures, 

national,   265,   272-275 

State,  266,  280 

local,  280,   286,  291-293 
Ex  post  facto  laws,  50 


F 


Family,  the  ancient,   4 

Federal  government.     See  Govern- 
ment   (federal) 

Federal  Reserve  Bank,  143,  327 

Federal     trade     commission,     143, 
367 

Federalist  party,    81 

Fees,   268 

Feudalism,  10 

Finance,   public,    265.     See   Taxa- 
tion 

Florida, 

admission  of,  67 

local  government  in,   196 

Franchise,  elective,  103.     See  Suf- 
frage 

Franchise  tax,  267 

Franklin,    Benjamin,    40,    41,    46, 
117 

Free  trade  and  protection,  329 

French  Eevolution,  12,  266 


G 


Galveston,    commission    system    in, 
221 

Georgia, 

early  legislature  of,  162 
election  of  judges  in,   177 
local  government  in,  196 
prohibition  in,  394 

Gerrymandering,    119 

Gold, 

monetary  proportions  of,   306 
coinage  of,  311,  315 


Government, 

defined,  4 

the  several  types  of,  6 

classification    of,    7 

popular,   9-15,   108,   168 

and   the   individual,   15 

representative,    17-22 

separation  of  the  powers  of,  24 

constitutional,   31-37 

complexity  of  the  American,  39 

unitary,  60 

decentralized,   74 

functions  of,  235-246 

ideal  schemes  of,  246 
Government   (the  federal), 

growth  of  American,  38-49 

its  exclusive  powers,  49 

powers  prohibited  to,  50 

implied   powers,   51 

relation  of,  to  the  State,  57-60 

expansive  principle  of,   70 

its    regulation    of    international 
affairs,   256 

its  taxing  power,  272 

its  money  function,   304 

its  relation  to  commerce,  329 

and  elections,  344 

and   education,    357 

and    corporations,   360 
and  labor,   371 
and   crime,   380 
and  charity,  385 
and  the  police  power,  391 
Government    (State).     See   States 

( Commonwealths) 
Government   (local), 

decentralization  of,  60,   74 
the  functions  of,  72 
relation  of,  to  the  State,  74 
its  dependence,  77 
and  Magna  Carta,  89 
importance   of,   195 
and   taxation,   281 
the  debts  of,  291-293 
and  education,  353 
and  charity,  385 
and  the  public  health,  392 
Governor, 

the  duties  of,  171-172 
his  power,  174-175 
Grand   jury,    179 


450 


INDEX 


Great  Britain,  see  England. 
Greenback  Party,  82 
Greenbacks,   289,   322-325 
Gresham's  Law,   312 
Guam,  the  government  of,  192 

H 

Habeas  Corpus,  89,  98 

Hamilton,  Alexander, 

his    efforts    to    strengthen    the 

Union,  46 
doctrine  of  resulting  powers,  52 
and  the  Federalist,  62 
and  the  Federalist  party,  81 
and  the  public  debt,  289 
and  the  United  States  bank,  319 

Hare  system  of  representation,  23 

Hawaii,  government  of,  189 

Health,  the  public,   391 

High  license,  394 

High   schools,   856 

Home  Eule,  76-78,  202 

House     of     Kepresentatives,     115- 
119,  124-127,  261,  274 

Hundred,  the,  18,  210 


Idaho, 

woman   suffrage  in,   105 
referendum  in,   167 
labor  clause  in   constitution   of, 
372 

Illinois, 

minority  representation  in,  21 
partial  woman   suffrage   in,   105 
intermediate  courts  in,  180 
town  government  in,  208 
township    government   in,    212 
Public  Opinion  Law  in,   241 
debt  of,   291 
canal  construction  in,  340 

Immigration,  regulation  of,  334 

Impeachment,   129 

Incidence   of   taxation,   297 

Income  tax, 
defined,  267 
a  direct  tax,  277 
the  federal,  279 
discussion  of  the,   299-301 


Independence,  Declaration   of,  41, 

91 
Indeterminate  sentences,  383 
Indiana, 

townships  in,  211 

canal  construction  in,   340 
Indians, 

treatment  of,  65 

when  citizens,  96 

commerce  with,  328 

schools  for,  357 
Individualism,  239 
Industrial  revolution,  361 
Inheritance  tax,  267 
Initiative  and  referendum,  35,  167, 

221 
Injunction,  writ  of,  182 
Intemperance,    393-395 
Interior,   Department   of,   142 
Internal  revenue  tax,   268,  275 
International  bimetallism,  316 
International  law, 

its   development,   256 

rules  of,  257 

sanction  of,  258 
International  relations,  256-262 
Interstate   commerce,  337—339 
Interstate    Commerce    Commission, 

organization  of,  143 

salaries  of  members  of,   145 

its  powers,  339 
Interstate  relations,  58 
Iowa, 

revision  of  constitution  of,  36 

townships  in,  211 

registration  in,  345 

debt  of,  291 


Jackson,  Andrew,  135,  320 

Jay,   John,   152,   261 

Jay's  Treaty,  261 

Jefferson,  Thomas, 

his  strict  construction  views,  52 
and  the  Democratic  Party,  81 
and  the  national  debt,  290 
and    the    Bank    of    the    United 
States,  320 

Judiciary,  the,  27 

Judiciary  Act  of  1789,  148 


INDEX 


451 


Judiciary    (federal), 

the  independence  of,   147 
organization  of,  148-151 
jurisdiction  of,   155-160 
Judiciary    (State), 
selection  of,  177 
organization     and     jurisdiction 

of,  177-181 
relation  of  the,  to   the  federal, 

181 
powers  of,   181-183 
Jurisdiction, 

the  several  kinds  of,  155 
of  federal  courts,   155-160 
of  State  courts,  177-181 
Jury,  trial  by,  89,  155,   179 
Justice,  Department  of,  149 
Justices  of  the  Peace,  178,  214 

K 

Kansas, 

recall  in,  23 

woman  suffrage  in,   104 

township  government  in,  211 

registration  in,  345 

prohibition  in,  394 
Kentucky, 

admission  of,  64 

local  government  in,  196 


Labor, 

Department   of,   142 

growth    of    labor    organizations, 

369-371 
laws   concerning,    372 
settlement  of  disputes,  373 
arbitration     of     labor     disputes, 

374 
problems  of,  375 
Law, 

definition  of,  242 
classification  of  laws,  243 
characteristic   features   of   laws, 

244 
and  public  opinion,   245-247 
sumptuary,  247 
obedience  to,  247 
martial,  254 
international,  257 


Legislature,  the,  26-27 
Legislature    (State), 

its  "control  of  municipalities,  76 

organization  of,   162-167 

general  features  of,  163 

its  importance,  165 

should  be  trusted,  166 
Liberalism,  239 
Liberty,  36,  92,  237 
Library  of  Congress,   143 
Lieutenant-Governor,   172 
Lilly,  W.  S.,  quoted,  15 
Lincoln,  Abraham,  82 
Local  option,  394 
Lockouts,   374 
Louisiana, 

recall  in,  23 

and  the  common  law,  55 

courts  of,  180 

local  government  in,   196 

labor   clause   in   constitution   of, 
372 
Louisiana  Purchase,  67 


M 

McKinley  Bill,  332 
Madison,  James,  62,  319 
Magna  Carta,  88 
Maine, 

election    of    representatives    in, 
124 

referendum  in,  167 

prohibition  in,  394 
Majority  rule,  9-10, 
Mandamus,  writ  of,  183 
Marbury  vs.  Madison,  159 
Marshall,  John, 

quoted,  53 

on  the  Constitution,  159 
Marshal  of  federal  courts,  151 
Martial   law,   254 
Maryland, 

local  government  in,  196 

building  of  roads  in,  340 
Massachusetts, 

coinage  in  colonial  times,  307 

her  public  school  system,  352 
Mayor,   duties  of,  220 
Mediation,  Board  of,  143 


452 


INDEX 


Michigan, 

revision      of      constitution      of, 
36 

home  rule   in,  76 

referendum  in,  167 

town  government  in,  208 

township  government  in,  212 

State  debt  of,  291 

canal   building  in,   340 
Military  Academy,  357 
Militia,    253 

Mill,  John  Stuart,  quoted,  237 
Ministers,   134,   258 
Minnesota, 

home  rule  in,  76 

town  government  in,  208 

township  government  in,  211 
Minority,  representation  of,  20 
Mississippi, 

local  government  in,  196 

prohibition  in,   394 
Missouri, 

home  rule  in,  76 

initiative    and    referendum    in, 
167 

township    government   in,    211 

registration  in,  345 
Monarchy,   6 
Money, 

different  kinds  of,  304 

paper,   307,   319-324 

issued  by  Continental  Congress, 
308 

representative,   309 

coinage,   306,  311-315 

metallic,   311-317 

essential  facts  about,  325 

amount  of,  327 
Monometallism,    316 
Monopoly,  364,  367 
Montana, 

woman  suffrage  in,  104 

initiative     and     referendum     in, 
167 
MoraUty,  the  public,  393-395 
Morrill  Bill,  332 
Mortgagor  and  mortgagee,  297 
Municipal   corporations, 

defined,   75 

charters  of,   76 

control  of,  77 


Municipalities, 

organization  of,   216-221 
functions  of,  222 
debt  of,   291 


N 


National   and   federal  government 

contrasted,   116 
National  Banks,  322 
National  convention,   230 
Naturalization,  49,  96 
Naval  Academy,  357 
Navy,    Department   of,    142,    252- 

253 
Nebraska, 

referendum  in,  167 

town  government  in,  208 

townships  in,  211 

registration  in,   345 
Nevada, 

recall  in,  23 

woman  suffrage  in,  104 
New   England, 

popular  government  in,  19 

Confederation,    39 

town  government  in,  203-208 
New  Jersey, 

in  the  Convention  of   1787,  116 

courts  in,  180 

corporation  law  in,  365 
New  Mexico, 

admission  of,  70 

initiative     and     referendum     in, 
167 
New   York, 

its  claim  to  Vermont,  64 

its  courts,  180,  199 

township    government   in,   210 

debt  of,  291 

builds  Erie  Canal,  340 

regulation  of  charities  in,  388 
Nobility,  titles  of,  50 
Nominating  conventions,  227-230 
Nomination     of     candidates,     225, 

229,   231 
Non-importation   Act,   329 
Normal   schools,   356 
North   Carolina, 

ratifies  the  Constitution,  63 


INDEX 


453 


North  Carolina, 

local  government  in,  196 

prohibition  in,  394 
North  Dakota, 

township    government    in,     208, 
211 

labor   clause   in   constitution    of, 
372 

prohibition  in,  394 
Northwest  Territory,  65 


O 


Office,  right  of  holding,  105 
Ohio, 

home  rule  in,  76 

referendum  in,  167 

township  government  in,  211 

city  manager  plan  in,  222 

State  debt  of,  291 

canal  construction  in,  340 

registration  in,  345 
Oklahoma, 

referendum   in,    167 

township  government  in,  211 

prohibition  in,  394 
Oligarchy,  7,  58 
Ordinance  of   1787,   65,  35G,   427- 

434 
Ordinances,    220 
Oregon, 

recall  in,  23 

woman  suffrage   in,   104 

referendum  in,  167 

prohibition  in,  394 
Original  packages,  395 
Orphan's  court,  199 
Overseers  of  the  poor,   200,  386 


Panama  Canal  Strip,  189 
Paper  money,  307-309,  319-325 
Pardon,   the  power  of,  134,   171 
Parks,   national,   187 
Parliament,   English, 
the  first,  18 
representation  in,   18 
its  early   organization,   26 


Parliament,  English, 

its  power  of  taxation,  266 

its  labor  laws,  370 

and  temperance,  393 
Parties,   political, 

origin  of,  79-81 

sketch  of,  81-83 

loyalty  to,  84 

and   the    election    of    the   Presi- 
dent, 133,  226 

nomination   of    candidates,    225, 
229 

organization   of,   226-230 

committees  of,  227 

primaries,   228 

nominating  conventions   of,   229 
Partnerships,  362 
Passports,   140,   259 
Patents,   49,  364,   402 
Payne  Tariff  Law,  333 
Peace   movement,   264 
Penn,  William,  quoted,  21 
Pennsylvania, 

minority  representation  in,  21 

early   legislature   of,   162 

its  courts,   180 

township  government  in,  211 

its  aid  to  public  schools,  355 
Pensions,   386 
Petition  of  Eight,  89 
Philadelphia,   40,   47 
Philippine  Islands,  191-192 
Piracy,  380 
Police  power, 

definition   of,  390-391 

exercise  of,  391 

health,  safety  and  morality,  394 
Policemen,   254 
Political   rights,    102-106 
Polities,  origin  of,  6 
Poll  tax,   268 
Pools,  364 
Popular    government,     9-15.     See 

Democracy 
Porto  Eico,   190 
Posse  comitatus,  253 
Post-office,     Department    of,     141, 

341-342 
Powers,  governmental, 

of  federal  government,  49-54 

concurrent,  49 


454 


INDEX 


Powers,  governmental, 
of  the  States,  56-57 
of  Congress,   129,   402 

Presidency,  succession  to,  136 

President  of  the  United  States, 
election  of,  132,  227-231 
powers  and  duties  of,  134 
his  share  in  law-making,  135 
the  personality  of,  137 
his  cabinet,  139 
nomination   of,   227-230 
as  commander-in-chief,  251 
and  the  militia,  253 
and  international  affairs,  260 

Primary  meetings,   227-228 

Probate  courts,   181 

Progressive  Party,  82 

Progressive  taxation,  301 

Prohibition,  394 

Prohibition  Party,  82 

Property  tax,  267 

Protection  and  free  trade,  329 

Prothonotary,   199 

Publicity,   367 

Public   debt, 

necessity  of,  288 

the  national,   289 

of  the  States,  290 

of  local  governments,  291 

how  paid,  293 

Public  lands,  356 

Public  opinion,  241,  245-247 

Public  schools.     See  Education 


E 

Eailroads, 

taxation  of,   298 

regulation   of,   339-340 

chartering  of,  340,  360 
Eatio  of  representation,   119 
EecaU,  the,  23 
Eedemption     of     Treasury     notes, 

314,  324 
Eeferendum,  167 
Eegistration  of  voters,  345 
Eelief,  outdoor  and  indoor,  386 
Eeligious  liberty,   97 
Eepresentation, 

principles  of,  19 

of  the  minority,  20,  23 


Eepresentation, 

of  States  in  Congress,  104 

ratio  of,  119 

and   taxation,   266 
Eepresentative   government,    19-22 
Eepresentatives,  House  of, 

apportionment    of    members    of, 
118 

election  of  members  of,  119 

at  work,  124-126 
Eepublic  defined,  7 
Eepublican  Party,   82 
Eeservations,   Indian,    187 
Eeserve  board,  federal,  143,  325 
Eesponsibility  of  the  citizen,  15 
Ehode  Island, 

ratifies  the  Constitution,  63 

county  in,  197 
Elvers  and  Harbors,  340 
Eoads,  339-340 

Eules  of  the  House  of  Eepresenta- 
tives, 126 


Safety,  the  public,  392 

St.  Louis,  not  in  a  county,  283 

Salaries  of  federal  officers,  145 

Samoa,  192 

School  district,  353 

Secession,   63 

Secretary  of  State, 

of  the  United  States,  140,  260 

of  a  State,  172 
Selectmen,   206 
Senate  (of  the  United  States), 

representation  in,  117 

election  of  members  of,  120 

its  organization,  127 

at  work,  128 

treaty    and    appointment    power 
of,   130 
Sheriff,   198,   254 
Sherman  Act,  314 
Sherman  Anti-Trust  Act,  364,  367 
Shipping,  foreign,  333 
Shiremoot,   18 
Silver, 

as  a  medium  of  exchange,  306 

coinage  of,  311-313 

demonetization  of,   313 


INDEX 


455 


Silver, 

certificates,   314 
amount  of,  327 

Single  tax,  301 

Sinking  fund,   293 

Slavery,  65,  82 

Smith,  Adam,  his  canons  of  taxa- 
tion, 270 

Smithsonian  Institution,   143 

Socialist  Party,  82,  240 

Socialism,  239-240 

Society,  definition  of,  3 

South  Carolina, 

local  government  in,   196 
taxation  in,  301 

South  Dakota, 

referendum  in,  167 
township     government    in,     208, 
211 

Sovereign    government,    4 

Speakership  of  the  House  of  Eep- 
resentatives,   125 

Spirit,   the  American,   109-111 

Stamp  Act  Congress,  40 

State, 

evolution  of  the,   4-6 
functions   of   the,   236-240 

State   banks,   320 

State,  Department  of,  140 

Statehood,    provisions    concerning, 
63 

States   (Commonwealths), 
constitutions  of,   32-36 
under  the  Articles  of  Confeder- 
ation, 43 
powers  prohibited  to,   50 
reserved  powers  of,  51,  56 
government  of,  65 
powers  of,  56,  60,  72-74 
their  relation  to  each  other,   58 
relation    of,    to    federal    govern- 
ment, 59-61 
interstate  infiuence,  59 
the  thirteen  original,  63 
admission  of  new,  63-70 
regulation  of  suffrage   by,   103- 

105 
when  not  suable  in  court,  153 
legislatures   of,   162-168 
executive  officers  of,  170-175 
judicial  system  of,  177-182 


States  (Commonwealths), 

taxing  power  of,   50,  280 

and   interstate  commerce,  339 

and  elections,  344 

and  education,  352 

and  corporations,  360 

and  labor,  371 

and  crime,  378 

and  the  police  power,  391 
State's  Attorney,  200 
Strikes,   374 
Suffrage, 

history  of,   102 

controlled  by  State,  103 

for  women,   105 
Sumptuary  laws,  247 
Superintendent  of  schools. 

State,  173 

county,   200 
Supreme  Court   (State),  180 
Supreme     Court     of     the     United 
States, 

decides  between  State  and  fed- 
eral governments,  57 

established  by  the  Constitution, 
148 

organization  of,  150 

jurisdiction  of,  157 

and   the   Constitution,    157-160 

and  the  people,  160 
Surrogate's  Court,  199 

T  S 

Tariff, 

revenue  raised  by,  274,  333 
free  trade  and  protection,  329 
history   of,   330-333 
instability  of,  333 

Taxation, 

and  representation,  88,  266 
the  source  of  the  taxing  power, 

266 
definition  of,  267 
direct   and   indirect,    268 
principles  of,  269 
federal  power  of,  50,  272 
federal  system  of,  272-277 
the  taxing  power  of  the  State, 

50,   280 
State  system  of,  281-286 


456 


INDEX 


Taxation, 

equalization  of,  283 

exemptions  from,  286 

difficulties  of,  296 

incidence  of,  297 

problems   of,   296-302 

of  corporations,  271,  298 

of  franchises,  299 

of  railroads,  299 

of  personal  property,  300 

progressive,  301 

for  education,  353 
Taxes,   different  kinds  of, 

general   property,  267 

income,  267,  271 

corporation,   267,   298 

inheritance,   267 

franchise,   267 

poll  or   capitation,   268 

customs,  268,  275 

excise,  268,  275 

single,  301 
Telegraph  and  telephone,  how  con- 
trolled, 341 
Temperance,   393-394 
Tennessee, 

local  government  in,  196 

prohibition   in,   394 
Territories, 

governed  by   Congress,    184-185 

on  the  American  continent,  186- 
189 

insular,   189-193 
Texas, 

annexation  of,  69 

courts   of,   180 

local  government  in,   196 

registration   in,   345 
Tobacco  as  money,  304 
Tonnage  duties,  280 
Town,  the  New  England, 

origin   of,  203 

town  meeting,  205 

officers  of,  206 

civic  influence  of,  207 

outside  of  New  England,  208 
Towns  (incorporated),  216,  218 
Township, 

county-township   system,   210 

in  New  York,  211 

in  Pennsylvania,  212 


Township, 

functions  of,  213 

organization   of,   213-214 

and  citizenship,  214 
Trade  commission,  143,  367 
Trade    Unions, 

growth  of,  369-371 

in  England,   370 

in  the  United  States,  371 

aims  of,   371 

recognized    by   government,    372 
Treason,  381 

Treasury,    Department   of,    141 
Treasury  notes,  314,  326 
Treaties, 

confirmed  by  Senate,  130 

described,  260-261 

peace,   264 
Tribe,  organization  of  the,  4 
Trusts, 

development  of,  361-365 

trust  agreements,  364 

extent  of,  365 

advantages    and     disadvantages 
of,   366 

problems  of,  365-368 

efforts  to  control,  367 
Tutuila,  192 
Tyranny,   14 


U 


Unitary  state,  60 
United  States, 

a  federal  republic,  39 
separates  from  England,  41 
under  the  Articles  of  Confeder- 
ation, 41-47 
establishes     a     federal     govern- 
ment, 48 
the  original  boundaries  of,  63- 

64 
expansion   of,    64-70 
three   grades   of  government  in, 

73 
political  parties  in,  79-84 
and  its  dependencies,  184—193 
foreign  policy  of,  262 
army  and  navy  of,  250-253 
financial  system  of,  272-277 
monetary  system  of,  304-325 


f 


INDEX 


457 


United  States, 

banks  of,  319 

crimes  against,   380 
United  States  banks,  319-320 
United  States  Notes,  289,  322-325 
Universities,  356 
Utah, 

woman  suffrage  in,  104 

eight-hour  law  in,  373 


Vermont,  64,  124,  162 
Veto   power, 

its  nature,  28 

of  the  President,  135 

of  a  governor,  172 
Vice-President,  136 
Villages,  218 
Virginia, 

first  legislature  in,  19 

in  Convention  of  1787,   117 

early  county  in,   196 
Voters, 

qualifications  of,  103-105 

duties  of,  105 

W 


War, 

Department  of,  141 
Secretary  of,  141,  251 


War, 

declared  by  Congress,  250 

management  of,  251 
Washington,  George, 

on  the  independence  of   the  de- 
partments,   29 

his     efforts    to     strengthen     the 
Union,  46 

election  of,   133 

and  his  secretaries,  140 
Washington  (City),  188 
Washington    (State), 

recall   in,   23 

home  rule  in,  76 

woman   suffrage  in,   104 

referendum  in,   167 

prohibition  in,  394 
West  Point,    academy   at,   357 
West   Virginia, 

local  government  in,  196 

prohibition  in,  394 
Whig  Party,   81 
Wilson  Bill,  332 
Wisconsin, 

town  government  in,  208 

township    government   in,    211 

taxation  in,  301 

registration  in,   345 
Women,  political  rights  of,  105 
Wyoming, 

woman   suffrage  in,   105 

labor   clause   in   constitution   of, 
372 


L 


FACILITY 


AA    000  565  679 


STATE  NORMAL  SCHOOL 

LOB  ANGEU^  GAiJJfX>iiNlA 


